GEORGE NEWS - As South Africa moves towards a single judiciary, magistrates from across the country, including George, say those who do most of the work are being left out of the conversation.

The issue comes ahead of the 2026 Judiciary Conference in Durban later this month, where judicial leaders will discuss proposals for a single, independent and accountable judiciary.

Earlier this month, the Judges Action Group (Jag), representing district and regional court magistrates, called on the Office of the Chief Justice (OCJ) to give practising magistrates a greater voice in discussions on reforms affecting magistrate's courts.

"Heads of Court have been invited, yet they do not represent magistrates or their concerns. Magistrates who serve in district and regional courts have been left out of the planning and discussion," said Jag's Rohan Roopnarian.

Jag argues that although magistrates hear the vast majority of criminal and civil cases in South Africa, they have been largely excluded from decisions about the future of the lower courts.

"You cannot speak about a single judiciary while leaving the majority of judges out of the room," said Roopnarian.

OCJ comments

The OCJ, however, says magistrates are represented in the process.

It confirmed receipt of Jag's request and said the conference forms part of an ongoing consultative process that has involved engagement across the judiciary over several years.

According to the OCJ, the conference programme includes dedicated discussions on the administration of magistrate's courts, remuneration, ethics and governance. 

It also says that the chairpersons of the Regional Court Presidents' Forum and the Chief Magistrates' Forum serve on the planning committee.

"The conference will include plenary discussions, question-and-answer sessions and commission deliberations, giving members of the magistracy opportunities to participate," the OCJ said.

'We have no real home'

A local magistrate, who spoke to George Herald on condition of anonymity, said many of Jag's concerns resonate with magistrates across the country.

"We have no real home. We are not fully protected or advocated for by either the OCJ or the Department of Justice. The current situation is the result of years of neglect."

The magistrate said opportunities for ordinary magistrates to contribute to policy discussions are limited.

"When consultation does happen, it often consists of written submissions on very short deadlines while court work must continue. Organisations representing magistrates have repeatedly raised concerns, but many of those concerns have not translated into meaningful engagement."

They do 95% of the work

According to the magistrate, they should play a central role in the discussions because they are responsible for the biggest number of cases heard.

"Magistrates perform about 95% of all judicial work in the country. For most South Africans, the magistrate's court is their only interaction with the justice system. If reforms affecting magistrate's courts are made without the people doing the work every day, then the ordinary citizen loses a voice in the process."

Working under pressure

Beyond representation, deteriorating working conditions are becoming a growing concern.

Among the challenges named were outdated technology, poor internet connectivity, limited research resources, ageing court buildings and inadequate administrative support. Safety was also highlighted as a concern.

"We are often required to share public facilities with accused persons and their families, despite having presided over their matters. Magistrates are regularly intimidated and threatened."

The magistrate also said their salaries have not undergone a comprehensive review for nearly two decades.

"We are losing talented magistrates while workloads continue to increase. If the lower courts continue to be neglected, our justice system will not survive it."

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