The recent acknowledgment by the Minister of Justice and Constitutional Development, Mmamoloko Kubayi, regarding the impact of load shedding, water outages, and infrastructure failures on the functioning of courts underscores a need to resolve these issues. The operational efficiency of courts is fundamental to the rule of law, and systemic disruptions not only hinder legal proceedings but also erode public confidence in the justice system. A well-functioning justice system is the backbone of democracy, and without reliable infrastructure, the delivery of justice becomes uncertain and uneven, affecting vulnerable members of society.
The Department of Justice and Constitutional Development has outlined several initiatives to mitigate these challenges. These include the installation of generators and the exploration of renewable energy solutions to counteract load shedding, as well as the implementation of backup water supply systems in response to persistent water shortages. Furthermore, infrastructure repairs and renovations are being carried out in partnership with the Department of Public Works and Infrastructure to ensure the sustainability of court facilities. Additionally, the department’s engagement with Eskom to seek exemption from load shedding schedules is a necessary step. Courts are an essential service, and their continued operation should be prioritised in national energy planning.
While these interventions are commendable, their success hinges on effective implementation, sustained funding, and long-term strategic planning. The reality remains that many court buildings still struggle with operational setbacks, delaying cases being finalised and exacerbating case backlogs. The consequences of infrastructure failures in courts extend beyond administrative inconveniences. Justice delayed is justice denied, and the current state of court infrastructure threatens the fundamental rights of South Africans to access a fair and efficient legal system. When courts experience power outages, matters are postponed, and legal practitioners are forced to reschedule cases, leading to an accumulation of backlogs that the system is already struggling to manage.
For legal practitioners and court users, these challenges translate into delays, inefficiencies, and increased costs. Vulnerable individuals seeking justice, particularly in urgent matters, are disproportionately affected by court closures and operational disruptions. The justice system must be robust enough to withstand infrastructure-related challenges without compromising access to legal recourse.
As these efforts progress, transparency will be key. The Department of Justice and its stakeholders must provide regular updates on the implementation of these solutions, ensuring that commitments do not remain theoretical but lead to tangible improvements. Access to justice is not merely a policy objective – it is a constitutional imperative that must be upheld through proactive and sustained action.
Mapula Oliphant NDip Journ (DUT) BTech (Journ) (TUT) is the Editor at De Rebus.
This article was first published in De Rebus in 2025 (April) DR 3.
