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Appointment of new judges set to ease Labour Court’s heavy load

Details

labourcourtsSunday Times reports that the economic downturn and resulting job losses, coupled with the fraught state of labour relations evident in frequent strikes, have made the role of the Labour Court (LC) even more important.

This week, the Judicial Service Commission (JSC) will interview candidates for vacancies in the LC and other courts. Unique among courts, the LC sits in four nodes at major cities: Cape Town, Durban, Gqeberha and Johannesburg. It is not just a court of law but also a court of equity and must ensure fairness among employers and employees. Despite its importance, the court has faced several challenges in recent years. It is chronically underfunded, while it faces the highest caseload in its history. According to the Judiciary Annual Report, the LC finalised 4,307 cases in 2021/2022, 58% of those that came before it. Its target of 60% completion is the lowest of all superior courts. In 2017/2018, it finalised 427 cases. There are only 13 LC judges to serve the entire country, which has a direct effect on case lead-times. As of October 2022, there were no trial dates available until 2024. This week’s appointment of new judges will go some way to resolving the challenges, but not entirely. The Durban node, which currently has one permanent judge, will get a second. The same for Gqeberha. Johannesburg will also get one more. Five candidates have been shortlisted for the vacancies. The Labour Appeal Court (LAC) will get four new appellate judges. Most significantly, the LC will finally get a deputy judge president after a seven-year vacancy. This week’s JSC sitting will be pivotal for the future of the LC and the LAC. After several years of frustration, things are finally looking up for a key cog in the labour relations system in SA.

  • Read the full original of the report in the above regard by Mbekezeli Banjamin at Sunday Times (subscriber access only)


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