ABout 30 000 cases backlog await JSC

MBABANE - The appointment of the Judicial Service Commission (JSC) offers a glimmer of hope in addressing the protracted challenges that have beset the justice system.

The AG announced that over and above the Chief Justice (CJ), Bheki Maphalala and Chairperson of the Civil Service Commission (CSC), Simanga Mamba, who are in the JSC by virtue of office; His Majesty has appointed Chakazile Dlamini, Charity Simelane, Mfanzile Elliot Dlamini and Justice Nxumalo.

The appointment of the JSC will alleviate a tangible and detrimental impact on the efficiency and efficacy of the courts, which has been endured for months following the absence of this constitutionally mandated body, which was last functional around August 2023.

The challenges of the Judiciary are documented in the Ministry of Justice and Constitutional Affairs’ annual performance report for the year ended January 31, 2025, where it was articulated that a staggering 29 690 cases, at the time, remained backlogged across all courts.

A primary cause identified in this report is the significant shortage of personnel. The newly-instated JSC is now empowered to directly tackle this critical issue by overseeing the appointment and, crucially, the renewal of employment contracts for acting judges, magistrates and assistant masters.

The inability to renew these contracts in the JSC’s absence undoubtedly exacerbated the staffing crisis. Furthermore, the absence of the JSC in the past eight months stalled the broader need to fill numerous vacancies for various roles within the judiciary, including judges, magistrates, assistant registrars, clerks, secretaries and estate examiners.

The JSC’s active presence will facilitate the process of recruitment and appointment to these essential positions, a step deemed vital by the CJ in the annual report. Maphalala has previously voiced concerns about the insufficient number of judicial officers and support staff, pointing out the absurdity of senior judges sharing basic resources like interpreters and secretaries.

Backlog

While the JSC’s immediate powers pertain to personnel, its effective functioning is a foundational requirement to address the overarching difficult of the extensive cases backlog. By ensuring adequate staffing levels, the commission can pave the way for a more streamlined judicial process, ultimately leading to a reduction in the lengthy delays that have plagued the justice system.

The CJ has, before the appointment of the JSC, also warned of the negative impact of a slow justice system on foreign direct investment (FDI) and highlighted the overcrowding of correctional facilities due to lengthy periods awaiting trial. While the JSC’s direct influence on these broader issues may be indirect, a more efficiently staffed judiciary, capable of processing cases in a timely manner, will undoubtedly contribute to alleviating these concerns.

Law Society of Eswatini Secretary General Simelane said she was humbled to be appointed into the jsc and serve the country. “Bayethe wena Waphakathi,” she said briefly.

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