Retired senior judges have called for stronger measures against the abuse of court processes in South Africa, highlighting delays in former president Jacob Zuma’s arms deal case.
Retired Gauteng Deputy Judge President Roland Sutherland and former Deputy Chief Justice Mbuyiseli Madlanga spoke at the launch of a book on legal ethics at the University of the Witwatersrand on 18 June. They warned that Stalingrad tactics undermine the courts and erode public confidence in the justice system.
Sutherland stated that such tactics threaten the functioning of the courts and said they must be brought to an end. He noted a growing willingness among judges to act firmly but called on bodies like the Legal Practice Council to improve enforcement of ethical standards.
Madlanga said the key issue is whether conduct amounts to abuse of process rather than the number of legal steps taken. He added that courts already have the tools to stop abusive litigation and urged judges to apply them without hesitation.
The discussion also covered delays in delivering judgments, with Madlanga stressing the need for consistent enforcement of existing rules across all courts.
