In its new report, Freedom Under Law says the caseload of the apex court has tripled, leading to delayed judgments that negatively affect public confidence in the judiciary

(Renata Larroyd)

The Constitutional Court’s increased caseload and expanded jurisdiction, introduced through amendments in 2012, have not been matched by additional budgetary allocations or judicial capacity, contributing to delays in the delivery of judgments, Freedom Under Law says.

In its new report, which was released on Tuesday, the non-profit said a sharp increase in appeals, mounting backlogs and procedural inefficiencies have placed South Africa’s apex court under growing strain.

Chief Justice Mandisa Maya publicly apologised for the lengthy delay in the Constitutional Court’s Phala Phala judgment, which took 530 days — from November 2024 to May 2026 — to be delivered.