Chief Justice Mandisa Maya told the 2026 Judiciary Conference that South Africa’s judiciary still lacks full institutional independence nearly 30 years after the Constitution took effect.
Speaking in Durban on 14 July, Maya said the judiciary enjoys only adjudicative independence while governance, resourcing and conditions of service remain tied to the executive.
She listed daily problems including failing infrastructure, staff shortages, unreliable digital systems and divided administrative authority. Maya noted that draft legislation to create a single independent judicial system is expected to reach Cabinet early next year before being tabled in Parliament during the 2027/28 financial year.
Justice Minister Mmamoloko Kubayi confirmed the first phase of reforms began on 1 April 2026 with the transfer of shared services to the Office of the Chief Justice. Mbekezeli Benjamin of Judges Matter said additional funded posts announced in June would help ease case backlogs if delivered by the 2027/28 financial year.
