‘Change is just too slow’

THE pace of the appointment and promotion of women in the judiciary has remained slow, with “finger-pointing” from authorities as to who is ultimately responsible for ensuring gender transformation in the judiciary, a report released by the Commission for Gender Equality has found.

The report followed complaints lodged with the commission in 2012 by two non-government organisations, Democratic Governance and Rights Unit and the Sonke Gender Justice. They complained that transformation was too slow and did not reflect the racial and gender composition as guided by the constitution.

Commission chairman Mfanozelwe Shozi said yesterday: “The pace in the judiciary is very slow… they should jerk themselves up and put systems in place to ensure transformation in the judiciary. Gender equality should be at the centre of transformation.

“The lack of gender transformation is not only applicable to permanent posts, but reflected in the appointment of acting judges.”

The four-year-long investigation saw judge presidents, President Jacob Zuma, the Department of Justice and Correctional Services, the Judicial Services Commission (JSC) and the Chief Justice of the Constitutional Court requested to answer questions.

The commissioners said there were gaps in the information received and some answers were not dealt with satisfactorily.

“The information submitted shies away from the barriers, behaviour and unwritten rules of the profession that impede talented individuals from progressing,” said Shozi.

At the time the complaints were lodged, it was found from 2009 to 2012, the JSC interviewed 211 candidates for 110 positions and only 24 women were appointed.

From 1994 to 2013, the JSC, in its submissions to the commission, said there had been progress as there were 165 judges in 1994, 160 of whom were white men, three black men and two white women.

Appointed

There was no black woman judge in South Africa at the time.

In 2013 there were 173 male judges and 74 female.

The commission said it was discouraged by the response from the Department of Justice, which said that out of 1 661 magistrates appointed, 687 were women.

“The magistrate pool is one area where judges are drawn from… One can ponder why the magistracy is transforming at what seems to be a far more escalated rate than the appointment of judges.”

Shozi said the department has set a target of 76% of briefs to be given to black and female practitioners, and part of the 76% should be strictly earmarked for black women.

In the 2014/15 financial year, the value of briefs given to female counsels totalled R139 million compared with R515m given to male counsels. Overall, 79% of briefs went to men, and only 21% to women. – ANA