Neelam Rahim | neelam@radioislam.co.za
3-minute read | 29 December 2025

Judicial accountability is in focus amid concerns over judges’ conduct, delayed judgments, and the oversight bodies’ role in protecting public trust. 📷 File photo / Judges Matter

Judicial accountability remains under scrutiny following a series of complaints lodged against judges in South Africa this year, raising concerns about integrity, delayed justice and public trust in the courts.

The allegations, which range from questionable dealings involving a parastatal to sexual harassment claims and prolonged delays in delivering judgments, have placed renewed focus on how judges are held accountable. While some matters have been concluded, several cases remain unresolved, and others are yet to formally commence.

Speaking on Radio Islam International, Mbekezeli Benjamin from civil society organisation Judges Matter explained that accountability within the judiciary is shared across multiple structures. “In South Africa, there are a number of institutions and ordinary people who judge the judges,” Benjamin said, highlighting the Judicial Service Commission (JSC) as a key constitutional body tasked with both appointing judges and ensuring adherence to ethical standards.

Benjamin stressed that accountability does not rest with institutions alone. “Most importantly, citizens who use the courts on a day-to-day basis also have a responsibility to scrutinise judges and raise concerns with the relevant authorities, like the Judicial Service Commission,” he added.

While judges are human, Benjamin noted that the power vested in their office demands a higher standard of conduct. “Judges should be held to the highest possible standards,” he said, explaining that the judicial code of conduct applies not only to their professional duties but also to their private lives. Judges, for example, may not belong to political parties, hold certain business interests, or associate with groups that could compromise their independence.

These restrictions, Benjamin said, exist “to protect the integrity of the judiciary and to safeguard this most powerful constitutional office.” He added that judges are required to distance themselves from certain relationships and interests to ensure public confidence that they are “always acting independently and only guided by the Constitution and the law.”

A recurring concern highlighted in the discussion is the delay in handing down judgments. Benjamin explained that judges are expected to deliver judgments within three months unless permission is granted for complex cases. “When it goes on to a year before a judgment is delivered, then it becomes judicial misconduct,” he said, warning that such delays amount to “justice delayed, justice denied.”

While misconduct by individual judges does not necessarily taint the entire judiciary, Benjamin cautioned that inaction by oversight bodies can erode public trust. “Bad apples must be removed before they destroy the whole bag of apples,” he said.

Ultimately, Benjamin emphasised that accountability is a constitutional principle. “With great power comes great responsibility,” he said, adding that integrity, diligence and efficiency are non-negotiable requirements for those entrusted with dispensing justice in South Africa.

Listen to the full interview on Your World Today with Annisa Essack and Mbekezeli Benjamin.