Question NW3822 to the Minister of Justice and Correctional Services

Reply:

Prior to the advent of our democracy, the Judiciary just like any other sector of our society was untransformed and dominated by White males. With this in mind the drafters of our Constitution took a deliberate decision to transform the Judiciary by including a constitutional injunction in section 174 of our Constitution which enjoined us to transform the Judiciary so as to broadly reflect the racial and gender composition of our country. The Judicial Service Commission when advising the President to appoint Judges takes into consideration the need for the Judiciary to reflect the racial and gender composition of the South African society. So is the Magistrates Commission when advising me to appoint Magistrates in the lower courts.

We have committed to the realization of racial and gender equality in the appointment processes of the Judges, Magistrates and counsels. It is for that reason that since 1994, the demographics of the Judiciary and legal practitioners in terms of race and gender have drastically changed to enhance the desired diversity, equality and equity.

a) From the report of the Judicial Service Commission, as at 30 September 2023, the demographics of the judges are as follows:

Total No of Judges:
Province	(i) Blacks	(ii) Women	(iii) Judges with Disabilities
Eastern Cape	19	11	0
Free State (this includes Judges of the Supreme Court of Appeal)	25	18	0
Gauteng (Includes Judges of the Constitutional Court and Labour Court)	71	56	1
KwaZulu-Natal	20	11	0
Limpopo	5	2	0
Mpumalanga	7	4	1
Northern Cape	5	4	0
North West	5	3	0
Western Cape	25	14	0
Total	182	123	2

b) The report received from the Magistrates’ Commission indicates that, as at 30 September 2023, the numeral capacity of the magistrates, is as follows:

Total No of Magistrates: 1 652
Province	(i) Black	(ii) Women	(iii) Magistrates with disabilities
Eastern Cape	142	101	0
Free State	58	49	2
Gauteng	229	213	1
KwaZulu- Natal	169	132	2
Limpopo	117	81	0
Mpumalanga	65	48	0
Northern Cape	26	22	0
North West	73	62	1
Western Cape	138	138	2
TOTAL	1 017	846	8
Percentage of the total number of Magistrates= 1 652	61% of the total	51%	0,48%

Source: Magistrates’ Commission

The required 2% target of magistrates living with disabilities has not been met yet, but I have been informed that this matter is receiving the priority attention of the Magistrates Commission.

c) The Legal Practice Council reported that, as at 30 April 2023, the numerical capacity of the counsels is as follows:

Total No of Counsels: 5 936
Province	(i) Black	(ii) Women	(iii) Counsels with disabilities
Eastern Cape	227	60	-
Free State	85	24	-
Gauteng	3167	825	4
KwaZulu- Natal	216	71	-
Limpopo	342	81	4
Mpumalanga	122	28	-
Northern Cape	98	22	-
North West	42	11	-
Western Cape	132	42	-
TOTAL= 5 936	4 431	1 164	8
% of the total	76,64%	19,6%	0,13%

Source: Legal Practice Council

As noted from above Table, gender parity in this category has not been met yet, but there is commitment to progressively bridge the gap. Likewise, the required 2% target of counsels living with disabilities is among the concerns that are receiving priority attention. However, the overwhelming growth in Black Africans under this category is indeed commendable.

I thank you.