Justice and Correctional Services Minister Ronald Lamola said 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.
“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,” Lamola said .
“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,” he said.
Lamola was responding to a parliamentary question from IFP MP Themba Msimang, who enquired whether his department has set and achieved any short-term targets to fulfil its constitutional obligation of ensuring that the judiciary reflects the racial and gender composition of the country.
“We have committed to the realisation 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.”
Lamola’s responses showed that the Judicial Service Commission had 307 judges as at September 30 this year.
The demographics of the judges indicated that there were 182 black judges; 123 women; and 2 judges living with disabilities.
Gauteng, including the judges of the Constitutional and Labour Courts, recorded 71 black judges; Western Cape and Free State, including the judges of the Supreme Court of Appeal, had 25 black judges each; and KwaZulu-Natal had 20.
Gauteng again led the pack with 56 women judges, followed by Free State with 18 women judges; Western Cape 14; and KwaZulu-Natal 11.
The two judges with disabilities were in Gauteng and Mpumalanga.
Lamola said the report from the Magistrates’ Commission indicated that as at September 30, there were 1 652 magistrates. Of this figure, 1017 were black magistrates, 846 were women and 8 were magistrates living with disabilities.
“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,” he said.
Lamola added that the Legal Practice Council reported 5 936 counsels as at April 30 this year. He said 4431 (76.64%) were black; 1164 (19.6%) were women; and eight (0.13%) were living with disabilities.
He noted that the targets for gender parity and counsels living with disabilities were not met.
“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,” Lamola added.
Cape Times