The South African judicial system, the wisdom and meaning of justice – Judge Ruby Matthys, Regional Court for Gauteng, South Africa

I believe true success in judicial excellence is an ongoing journey of purpose defined by dedicated service to the greater good. Author: Ruby Eleanor Frances Matthys Regional Magistrate Regional Court for the Regional Division of Gauteng, South Africa

1.    Becoming a Judge -Colonial Naming Legacy, Titles, and Forms of Address

Although South Africa transitioned to a constitutional democracy in 1994, the historical nomenclature inherited from the British colonial system such as the Cape Charters of Justice and early pre-democratic legislation continues to influence judicial titles across the court hierarchy. Judicial officers serving in the District and Regional Magistrates’ Courts are designated as District and Regional Magistrates and are traditionally addressed in court as "Your Worship". With regards to the Superior Courts, Judicial officers in the High Courts (including provincial, local, and specialised divisions such as the Labour Court and Land Claims Court) are titled Judges. While traditional common law practice addressed male High Court judges as 'My Lord' and female judges as 'My Lady' modern practice increasingly favours direct and inclusive forms of address, such as 'Judge' or 'the Court”. At the top of the judicial system, judicial officers in the Supreme Court of Appeal and the Constitutional Court are titled Justices, and are addressed as "Justice [Surname]" or "Members of the Court." For ease of reference, the term judicial officers will be used to encompass presiding officers at all levels of the judiciary.

2.    The Judicial System: Overview Hierarchy and Jurisdiction

The South African court structure operates as an integrated hierarchy, functioning across distinct levels of jurisdiction.
Constitutional Court: The apex court with ultimate authority over constitutional matters and issues of general public importance.  

Supreme Court of Appeal: A purely appellate court handling both constitutional and non-constitutional appeals from the High Court (though the Constitutional Court remains the final forum).  

High Court Divisions: Superior courts of first instance, alongside provincial appeals and reviews from lower courts, and possess inherent, unlimited civil and criminal jurisdiction within their geographical boundaries.

Specialized Courts: Courts such as the Labour Court, Electoral Court, and Land Claims Court hold a status equivalent to a High Court division in their respective fields of law.

Magistrates' Courts (District and Regional): As courts of first instance, these handle general civil disputes (District: up to R200 000; Regional: R200 000 to R400 000) and criminal matters. District courts cap imprisonment at 3 years and fines at R120 000, while Regional courts cap imprisonment at up to 15 years (or life imprisonment under specific statutory minimum sentencing laws) and fines up to R600,000. In criminal matters, District courts handle less serious offences, whereas Regional courts tries grave crimes, including offences like rape and murder, while treason remains strictly reserved for the High Courts. Family law matters are distributed across the Magistrates’ court level, through Children's Courts, Maintenance Courts, and Domestic Violence Courts, with Regional courts holding concurrent jurisdiction with the High Courts regarding divorces and related matters.

3.    Judicial Appointment and Independence

Chapter 8 of the South African Constitution 1996 (specifically Section 174), governs judicial appointments broadly, while specific statutes govern the lower-tier judiciary.
The appointment, conditions of service, and discipline of Magistrates are governed by the Magistrates Act 90 of 1993 and the Magistrates' Courts Act 32 of 1944.

Candidates must be South African citizens holding a recognized legal qualification, typically an LLB degree, and must demonstrate substantial post-qualification legal experience (5 to 7 years for District Magistrates and at least 10 years for Regional Magistrates). Following an interview, recommendation is made by the Magistrates Commission, and formal appointments by the Minister of Justice and Constitutional Development. Superior Court Judges and Justices are appointed under section 174 of the Constitution, they must be appropriately qualified, fit and proper persons who are nominated, shortlisted and publicly interviewed by the Judicial Service Commission. Following which recommendations are submitted to the President of South Africa for formal appointment.

While Section 165(6) of the Constitution designates the Chief Justice as the head of the judiciary, South Africa does not yet have a single, unified judiciary in practice, as a dual administrative model persists. Superior Courts are administered through the Office of the Chief Justice (OCJ), whereas Magistrates' Courts remain administered by the executive Department of Justice and Constitutional Development (DoJ&CD). This dual structure exposes the Magistrates’ Court judiciary to institutional, financial, and administrative vulnerabilities. The judiciary, legal scholars and civil society have long recognized that executive administrative control over the Magistrates’ Courts, undermines the full realisation of judicial independence, making the transition to a single, judiciary-led administration under the Office of the Chief Justice long overdue.

4.    A Judge’s Everyday Work

The official office hours for a Regional Magistrate (like myself) run from Monday to Friday, 07:45 to 16:15, including designated tea and lunch intervals. Outside of daily court sittings, which involve presiding over civil or criminal trials or motion courts, Regional Magistrates manage court roll preparation, legal research, judicial administration and judgment writing after-hours. In my capacity as Civil Court Coordinator, my responsibilities also include the screening and allocation of civil matters across five courts, attending stakeholder case-flow management meetings and the compilation of monthly administrative reports for the civil component of my office. Judicial officers at the superior court level, similarly balance daily court proceedings with preparing for court rolls, and writing reserved judgments outside of normal court hours.

Foreign legal colleagues are often intrigued to discover that South Africa operates a rich hybrid legal system combining Roman-Dutch civil law, English common law, and Indigenous African Customary Law, all interpreted through the transformative lens of the 1996 Constitution. Furthermore, while South Africa recognises 12 official languages (including South African Sign Language), English serves as the primary court language of record, supported extensively by accredited court interpreters.

5.    Judicial Training – Beginning the Profession

Aspiring judicial officers seeking appointment or elevation to a higher bench typically undertake acting stints at the invitation of the relevant head of court. Newly appointed and acting judicial officers are trained under the auspices of the South African Judicial Education Institute (SAJEI), established by Act of Parliament. SAJEI facilitates comprehensive peer training seminars covering a broad spectrum of legal subjects and competencies required for judicial office e.g court management, judicial ethics, social context awareness, and judgment writing.

6.    Continuing Judicial Education

Continuous education is encouraged and ongoing professional education for judicial officers is conducted. Current priority topics include judicial wellness, social context awareness, GBVF jurisprudence and technological advancements, including AI ethics and legal research tools. SAJEI relies on experienced active and retired judicial officers to lead seminars, fostering institutional knowledge-sharing and practical bench insights. General social context awareness, examining how culture, religion, gender dynamics, socio-economic factors, and unconscious bias interact with our constitutional values is my preferred topic as peer trainer.  

7.     Judges and Society

Under the Codes of Judicial Conduct, judicial officers are required to refrain from public commentary on pending cases or active political involvement. However, they are encouraged to foster constitutional literacy, the rule of law, and human rights through public lectures, academic publications, national and international judicial forums. Through professional bodies such as the South African Chapter of the International Association of Women Judges (SAC-IAWJ) and the Association of Regional Magistrates of Southern Africa (ARMSA), members actively spearhead social responsibility initiatives, including structured student mentorship programmes and community outreach projects aimed at vulnerable and disadvantaged groups.

8.    Judicial Independence in Practice

South African judicial leadership and professional associations, frequently speaks out against public vilification and aggressive social media rhetoric, directed at judicial officers following high-profile or politically sensitive rulings. Furthermore, Judicial officers generally, face severe resource and personnel constraints, resulting in heavy court rolls and delays that strain judicial capacity. Security threats against judicial officers particularly in criminal and high-stakes cases, as well as infrastructural failures (such as power outages and malfunctioning digital recording/CCTV systems essential for trial proceedings) remain major operational challenges reported across the judiciary. Achieving complete administrative and financial autonomy (especially for Magistrates), free from executive influence or budgetary leverage, remains an ongoing pursuit essential to fully protecting judicial independence.

9.    Women in the Judiciary

South Africa has made remarkable strides in bench transformation under section 174(2) of the Constitution, which mandates that the judiciary reflect the racial and gender composition of the nation. From only 2 female superior court judges out of 156 in 1994, women now represent over 46% of all superior court judges and over 52% of all Magistrates nationwide. Women occupy pivotal leadership roles, including
the Chief Justice of South Africa, the President of the Supreme Court of Appeal, various High Court Judge Presidents, Regional Court Presidents, Chief and Senior Magistrates.

 Despite these milestones, women in the judiciary still face persistent challenges, including historical pipeline bottlenecks and subtle workplace biases. To bridge historical gaps in the appointment of woman in the judiciary, aspirant judge programmes, such as the Brigitte Mabandla Aspirant Women Judges Programme run under the auspices of the South African Judicial Education Institute (SAJEI) and targeted capacity-building initiatives are now in place to equip qualifying women with the required skills to serve at High Court level. This targeted program specifically focuses on training and mentoring aspiring female legal professionals to elevate their readiness for judicial appointment.

Furthermore, the South African Judiciary officially introduced a landmark, comprehensive anti-sexual harassment policy under the leadership of the
Chief Justice, that establish zero-tolerance enforcement against the abuse of power and foster a secure and equitable working environment for judicial officers and personnel.

10.  Technology and the Courts

South Africa actively embraces technology to enhance access to justice, efficiency, and transparency. Virtual court proceedings, utilised at the discretion of presiding officers, help eliminate geographical barriers, reduce travel costs, and clear court backlogs. Available statutory provisions allow for Audio-Visual Remands (AVR) in the case of persons held in custody, as well as secure remote testimony by witnesses. Furthermore, criminal and civil proceedings are routinely livestreamed or broadcast to guarantee public access. Regarding digital infrastructure, the superior courts utilise automated, end-to-end e-filing and case management systems such as Court Online and CaseLines. These systems are not yet implemented in the Magistrates' Courts. While infrastructure constraints and funding hurdles persist, Magistrates’ Courts mitigate these challenges through creative means within the confines of the law, utilising virtual platforms to accommodate parties and streamline access to justice.

 11.   Artificial Intelligence and Judges

South African judicial officers and research clerks (at superior court level) utilise artificial intelligence (AI) tools strictly for administrative support, initial document summarization, proofreading, and general research referencing. AI is not permitted to determine substantive legal outcomes, assess witness credibility, or replace core judicial functions.  Recognising the profound opportunities and risks presented by digital modernization, the 2026 South African Judiciary Conference (held in July 2026) formally resolved that the judiciary must proactively finalize its comprehensive internal AI policy. This framework establishes strict safeguards regarding data privacy, institutional control, and protection against risks such as algorithmic bias and AI 'hallucinations.' Furthermore, the judiciary enforces absolute human judicial oversight, ensuring that all adjudicative decisions originate entirely from independent human reasoning and accountability.

 12.  AI and Judicial Independence

Questions on the practical and ethical use of AI during recent Judicial Service Commission (JSC) interviews, highlight a growing recognition of digital modernization. Also, that while AI offers clear benefits for legal research and judicial workflow safeguarding human-centric decision-making remains vital to protect judicial independence, accountability, and public trust.

13.  The Greatest Challenges

In my view, the most pressing challenges facing the South African judiciary include severe case backlogs, resource constraints, and infrastructural deficiencies such as power and water disruptions that frequently impact court operations. Furthermore, South African courts navigate complex socio-economic litigation stemming from state administrative and operational failures, corruption and pervasive violent crime. In particular, the classification of Gender-Based Violence and Femicide (GBVF) as a national disaster under the Disaster Management Act, places immense pressure on the criminal justice system, specialised sexual offences courts, and judicial resources.

14.  Public Trust in the Judiciary

In spite of challenges, the judiciary remains one of South Africa's most resilient constitutional pillars. Public trust is safeguarded through among other measures, transparent written judgments, the right to appeal or review, and a strict accountability framework. Institutional integrity is guided by the Chief Justice’s Norms and Standards, for the performance of judicial functions with oversight enforced by statutory disciplinary bodies.

 15.  Looking Ahead (The Next 10 Years)

Looking ahead, future judicial excellence will necessitate digital fluency and a mastery of AI methodology. However, the global race toward technological superintelligence must never be allowed to override essential human competencies, most notably a grounded emotional intelligence (EI), moral reasoning, judicial empathy and context-driven wisdom. Enduring virtues such as independence, impartiality, integrity, propriety, equality, and diligence must be fiercely guarded to remain paramount.

16.  Reflection: Journey as a Judge

For me, the most rewarding aspect of judicial service is upholding human rights and daily breathing life into our constitutional promise of dignity and equality for litigants. The greatest lesson I have learned is the profound humility required in wielding judicial power, recognizing that every decision touches human lives and demands meticulous care and patience.

17.  A Message to Judges Around the World

Judicial office is a sacred trust and a privilege to be carried with humility and a spirit of public service free from personal gain. Stand firm in your independence, act with unwavering integrity, listen with empathy, and let every judgment honour human dignity under the law. To sustain this calling, remember to nurture a happy and healthy mind. Personal well-being and inner balance are essential to maintaining the clarity, wisdom, and courage required to serve justice faithfully.

Gratefully acknowledging the Sisterhood of the Bulgarian Association of Woman Judges (BAWJ) for this platform, I believe true success in judicial excellence is an ongoing journey of purpose defined by dedicated service to the greater good, may the work of your Association grow from Strength to Strength.

Professional Profile

Name and Judicial Position: Regional Magistrate Ruby Eleanor Frances Matthys

Country: South Africa

Court / Jurisdiction: Regional Court for the Regional Division of Gauteng, South Africa

Years in the Judiciary: 28 Years (since 1998)

Short Biography: Ruby Matthys holds B.Iuris (University of the Western Cape), LLB, and LLM (University of South Africa) degrees. Following 25 years of service in the justice sector as an Estate Controller, Public Prosecutor, and Magistrate, she was admitted as a non-practising Advocate of the High Court. Appointed as a Regional Magistrate in Gauteng in 2002, she presides over civil and criminal courts and served as an Acting Judge in the Gauteng Division of the High Court.

A peer trainer under the auspices of the South African Judicial Education Institute (SAJEI), she focuses on Social Context Awareness and Gender-Based Violence (GBV). She is a longstanding executive committee member of the Association of Regional Magistrates of Southern Africa (ARMSA) and a member of the South African Chapter of the International Association of Women Judges (SAC-IAWJ). She served as the founding convener of the SAC-IAWJ Gauteng Student Mentorship Programme and Vice President Programmes of SAC-IAWJ. She views judicial office as a calling defined by humility, self-confidence, and dedicated public service.