The Judiciary of South Africa hosted the 2025 J20 Summit of Chief Justices and Presidents of the Constitutional and Supreme Courts of G20 countries from 2 to 5 September 2025, in Sandton, Johannesburg, under the theme ‘Justice in a time of change: Independence, innovation and co-operation’. Speaking at the inaugural summit, Chief Justice of South Africa, Mandisa Maya, described the J20 summit as a historical convergence, a deliberate and necessary assembly of the judiciary, and a gathering of the free world at a time where the pillars of democracy and dignity are under unprecedented strain and the foundations of justice are being tested and reshaped by global change.
Chief Justice Maya said in the grand tapestry of human progress there are moments that demand not just reflection, but resolution. Moments that call on the stewards of justice to step forward and affirm the enduring power of the law in an imperilled world. Justice Maya added that the judiciary has been the neutral ground on which the powerful are held to account and the vulnerable find their voice. She said that courtrooms are bound with disputes born in the digital realm and difficult social dysfunction. ‘Our precedents must wrestle realities, which those who came before us could never have imagined,’ Chief Justice Maya said. She added that the J20 summit shows an inexorable evolution in global governance and the recognition that the judiciary is an indispensable pillar in addressing the most pressing challenges of our time.
Chief Justice Mandisa Maya addressed delegates at the J20 Summit that was held in Johannesburg. Photo sourced from Facebook – The South African Judiciary.
Chief Justice Maya pointed out that the J20 summit is an integral part of the upcoming G20, as it represents the third bridge of state in this important forum for international economic corporation. She said that the existence of the J20, which was pioneered in 2018 and has recently been revitalised under Brazil’s leadership, signals an understanding that economic policies, climate agreements, and digital frameworks, and a host of other issues that drive the modern world, are ultimately upheld, interpreted, and given force by the rule of law. She added that the J20 group’s engagement is to ensure that the commitments made by the nations within the G20 are anchored in legal principles and accessible justice. ‘Through the exchange of ideas and initiatives on contemporary legal topics, we transform abstract goals into tangible rights and protections for citizens worldwide, thereby strengthening the very fabric of multilateralism’, she said.
Chief Justice Maya said the judiciary is the architect of a legal infrastructure that supports a resilient, inclusive and equitable global future. She added that the documents that were produce under Brazil’s presidency serves as a compass guiding the J20 to leverage constitutional mandates to implement and oversee policies that secure sustainable development and protect human dignity. Chief Justice Maya added that the judiciaries under the J20 groups must strengthen collaborations and make purposeful resolutions to ensure that the voice of the global judiciary continues to resonate powerfully within the G20, and most importantly, in the lives of the people they serve.
Chief Justice Maya pointed out through the deliberations of the summit; the global judiciaries must be reminded that their independence will keep them steadfast with the assurance that the judiciary will remain impartial and uphold the rule of law. She spoke about the judicial independence of South Africa and said that as one of the basic structures and premises of the new constitutional text, the South African Constitution establishes a democracy based on the supremacy of the Constitution protected by an independent judiciary. This includes institutional independence, which can only be achieved, if the judiciary enjoys structural, including financial, operational, and perceived independence. She pointed out that judicial independence is widely understood to be protected by three fundamental aspects, namely, security of tenure, financial independence and administrative control. These three characteristics are meant to support the judiciary as an institution, as well as the independence of judges from undue external influences.
Chief Justice Maya pointed out that under the historical governance system of the South African judiciary, the court administration of both the superior courts and magistracy was controlled by the executive. She said that in 2009 the then Chief Justice lobbied the executive and began the series of ambitious reforms, which were aimed at securing a full independence of South Africa’s judiciary. She added that in that exercise the Office of the Chief Justice was established as a national department through a presidential proclamation to provide support to the Chief Justice as the leader of the judiciary and advance the independence and effectiveness of the judiciary. She, however, said that this did not bring about an efficient, effective and accessible justice system because full independence was not achieved.
Chief Justice Maya said that the executive still maintains control over the budget and finical management of the judiciary, which is the heart of the power and ability to meaningfully run anything at all. She added that the judiciary has limited control over key components of court administration, such as the establishment of magistrate courts, the appointment of magistrates and support staff, security and information technology, with many of the court building, especially the magistrate courts, which serve as courts of first contact, in poor conditions due to years of underfunding and neglect.
Chief Justice Maya said that these systemic challenges adversely affect the lives of community members and ultimately impact the delivery of justice. She added that as a result of under capacity and an exponential surge in litigation, courts are faced with heavy backlogs which result in undue delays of cases. ‘For someone fighting an unfair dismissal or a community trying to protect their land rights. These delays are not merely frustrating, they are a denial of basic human rights,’ Chief Justice Maya said. She added that when funding is misused or delayed, the courts and the people who rely on them are left vulnerable and the constitutional promise of justice is compromised.
Chief Justice Maya pointed out that the consequences of these challenges are also often deadly. She gave an example of a witness by the name of Dingalomoya Cintso who was gunned down at the Wynberg Magistrate’s Court. She said that across the country the courts often lack visible security presence, and where security exists, it is frequently rated as poor. She pointed out that the incident at Wynberg took place where private security guards were stationed at court, however, metal detectors were not working on that day. Chief Justice Maya said the incident at Wynberg Magistrate’s Court and many others across the country highlights an urgent need for meaningful improvements to South Africa’s court infrastructure, without which the safety of the community who depend on these courts and the judicial officers and court staff who are ironically expected to dispense justice in those conditions hangs in the balance.
Deputy Chief Justice, Dunstan Mlambo, welcomed delegates in the welcoming address at the J20 Summit held in Johannesburg. Photo sourced from Facebook – The South African Judiciary
Chief Justice Maya said that administration autonomy for the judiciary is, therefore, critical to allow judges and magistrates to develop tailored safety protocols suited to courts-specific needs and manage infrastructure and resources with greater efficiency and effectiveness. She pointed out that during a judges’ and magistrates’ conference held in December 2023, themed ‘Towards a Single, Effective and Fully Independent Judiciary,’ the South African judiciary called for urgent reforms in the institution, chief of which is full judicial independence. Chief Justice Maya said the conference closely examined whether there are a sufficient protection and support for judicial independence in South Africa. ‘Among the resolutions it adopted, the judiciary called for a single judiciary encompassing all superior courts and lower courts, as well as for full control over their own administration, budget and operational functions,’ Chief Justice Maya added.
Chief Justice Maya stated that it was only in June 2025 that the executive led by President Cyril Ramaphosa met with the judiciary to discuss long overdue reforms towards the attainment of the independence of the judiciary.
She said the meeting highlighted the importance of cooperation among the branches of government while maintaining a delicate balance and ensuring that they do not overstep the relevant boundaries and encroach in each other’s terrain and prove that it is possible under the principle of separation of powers for the arms of state to support one another to uphold the Constitution.
Chief Justice Maya announced that the South African judiciary is on the path to full institutional independence and the technical teams of the executive and the judiciary are working to bring this into reality. She added that while the judiciary is regarded as the guardian of the rule of law and democracy and the protection of its independence is paramount for it to fulfil its constitutional functions and duties, ‘judicial independence does not mean that the institution stands above scrutiny and is exempted from accountability’.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
