Address by the Hon AC Nel, MP, Deputy Minister of Justice and Constitutional Development, at the Annual General Meeting of the South African Chapter of the International Association of Women Judges, held at the Southern Sun OR Tambo Hotel, Johannesburg, on Women’s Day, Saturday, 9 August 2025
Chief Justice
President, Deputy President and members of the Executive Committee the South African Chapter of the International Association of Women Judges,
Distinguished delegates and guests,
I request you to rise and recite the Preamble to the Constitution of the Republic of South Africa.
"We, the people of South Africa,
Recognise the injustices of our past,
Honour those who suffered for justice and freedom in our land,
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to
Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”
This is a practice that we should normalise to help build the national unity of purpose needed to achieve the vision of a united, non-racial, non-sexist, democratic, and prosperous South Africa set out in our Constitution.
Thank you very much for the opportunity to share this incredibly special occasion with you on Women's Day.
I convey the warm regards of Minister Mmamoloko Kubayi who is attending the National Women’s Day event in Polokwane as well as engaging traditional leaders on the implementation of the Traditional Courts Act. She also held an imbizo with colleagues in the Justice, Crime Prevention and Security Cluster on one of the most burning issues facing our country - gender-based violence and femicide.
Today is a powerful reminder of the courage and resilience of the women who marched to the Union Buildings in 1956 to protest unjust pass laws.
Today we celebrate the strength, wisdom, and leadership of women across the nation who continue to shape communities, who challenge inequality and inspire change.
May this day be a tribute to their legacy.
This week we are also celebrating the 21st birthday of South African Chapter of the International Association of Women’s Judges (SAC-IAWJ).
The inaugural conference of this important and path-breaking organisation took place on 8 August 2004. Its first chairperson was Judge Lucy Mailula.
President Thabo Mbeki delivered the keynote address.
There are five aspects of President Mbeki’s address which I want to highlight. President Mbeki refers extensively to the English philosopher, scholar and lawyer, Francis Bacon.
Firstly, Bacon poses the question: “What defines a judge?”
Since time immemorial, many have tried to answer this question.
The Roman “judex” was initially a private citizen, not a state official, appointed to hear and decide a legal case. The person was chosen for their integrity and standing in society.
The Greek philosophers, Plato and Aristotle did not use the term “judge” in the sense that we do today. They examined the role of justice and law and those who administer it.
In The Republic, Plato highlights wisdom as an integral part of justice.
In African history and culture, the concept of a judge has long been rooted in wisdom, community, and reconciliation – often resolving disputes through dialogue and consensus, guided by values that emphasize human dignity and harmony.
This rich legacy continues to shape modern African jurisprudence, reminding us that justice is not just about the law, but about people.
The second aspect is that, to quote Bacon, “Judges ought above all to remember the conclusion of the Roman Twelve Tables: Salus populi suprema lex”.
The welfare of the people shall be the supreme law.
This principle, rooted in Cicero’s philosophy, reminds us that the legitimacy of our justice system depends not merely on procedural correctness, but on its ability to serve the public good.
In every law we draft and in every judgment our courts give, the well-being of society must be our highest priority.
We find a powerful parallel between this ancient principle and the modern democratic values enshrined in our Constitution.
Our Constitution is not merely a legal framework - it is a moral and democratic commitment to the welfare of all who live in our country.
Our courts have consistently emphasized that the Constitution is a transformative document, aimed at healing the injustices of the past and building a society founded on human dignity, equality, and freedom.
These values are not abstract ideals - they are the embodiment of the welfare of our people, and I do think that our jurisprudence over the past 30 years has indeed succeeded in achieving this.
Thirdly, Bacon argued that: “laws, except they be in order to that end, are but things captious, and oracles not well inspired.”
For all of us involved in the pursuit of justice lies the realisation that laws are not sacred in and of themselves - they are tools, and their true value lies in how they serve justice and the greater good of society. It is not enough to enforce the letter of the law - we must uphold its spirit.
All three arms of the State need to ensure that our justice system reflects fairness, equality, and human dignity. Justice must be the compass that guides us - or else the law becomes a hollow ritual.
Fourthly, Bacon says -
“It is a happy thing in a state, when kings and states do often consult with judges; and again, when judges do often consult with the king and state: the one, when there is matter of law, intervenient in business of state; the other, when there is some consideration of state, intervenient in matter of law.”
Happily, this happy thing is happening in our state. The Executive and the Judiciary are currently engaged in detailed discussion to ensure that the Judiciary is rightly constituted as an equal branch of government with the Legislature and the Executive.
Under the leadership of President Ramaphosa and Minister Kubayi, we recommit ourselves from the side of the Executive to working with the Judiciary under the leadership of Chief Justice Maya to realise the vision of a fully independent Judiciary in line with the Constitution.
In our discussions we are outlining the steps and processes needed to move towards a single judiciary with full institutional independence and towards a judicial-led court administration model.
Finally, President Mbeki points out that:
“Bacon makes no reference to male and female judges. This is not surprising, as we may safely assume that during his day, 400 years ago, it would have been impossible even to conceive of the idea of a woman judge.
But then neither does the contemporary Oxford English Dictionary make a distinction between male and female judges. Together, they are equally public officers appointed to administer the law.
If, therefore, a judge is a judge is a judge, the matter at issue in the establishment of this Chapter of the International Association of Women Judges must be not the quality of the judiciary, as discussed by Francis Bacon, or indeed the quality of our jurisprudence. Rather, it must be that the objective central to the establishment of this Chapter is the attainment of the vitally important objective of gender equality, whose achievement has to be a defining feature of the democracy we are striving to construct.”
As a country we have made considerable progress in terms of gender equality across government and the private sector, in our democratic institutions and in society as a whole.
When one thinks gender equality in our courts specifically, I am often reminded of the famous words of US Supreme Court Justice Ruth Bader Ginsburg or as she is affectionately known, the “Notorious RBG” when she said, and I quote –
“When I'm sometimes asked when will there be enough [women on the Supreme Court] and I say, 'When there are nine,' people are shocked. But there'd been nine men, and nobody's ever raised a question about that.”
The notorious RBG also earned notoriety, amongst some, in 2012 when, in the wake of the Arab Spring, she advised Egypt that South Africa’s Constitution was a better model to follow than the American one because of its more recent creation, but also because of its content.
She said:
“That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary. It really is, I think, a great piece of work that was done. Much more recent than the US Constitution.”
We have indeed transformed the Bench.
Out of a total of 1717 permanent magistrates, 54% are women.
At senior level, of the 9 Regional Court Presidents, 5 are women and of the 311 Regional Magistrates, 163 are women.
When it comes to our judges, of a total of 248 judges, 122 are women which equates to 49%.
African women make up 25% of our total judiciary.
We can, and should, take pride in how far we have come in terms of judicial transformation.
However, transformation is not only a demographic concept.
The transformation of values and mindset, the architecture of the judicial system and its administration, the development of a new jurisprudence and access to justice are all vitally important aspects of transformation.
For this reason, the Department of Justice and Constitutional Development has a policy on the briefing and outsourcing of state legal work. The policy seeks to transform the legal sector to give effect to the objectives of the Constitution, and to promote effective and sustainable economic participation of all in the economy of the country in general, and the legal profession in particular.
In transforming the legal profession, the Department is mindful of the importance that we do not leave women and young practitioners behind. The briefing statistics as provided by the Office of the Solicitor-General show that in 2024/25, 42% of the briefs issued went to female legal practitioners. For the financial year 2025/26 we have added an indicator that will talk specifically to the briefing patterns in relation to the youth.
Judge Constance Baker Motley who, in 1966, was the first African American woman to serve as a judge in the US Federal Court spoke about the unique qualities women judges bring to the Bench and mentions their “natural gift of devotion to the best interests of humanity.”
We can only have women on the Bench in our Lower Courts and in our High Courts, if we have women in the legal profession, in the ranks of our prosecutors, women academics and women law graduates.
If we look at, for example, the attorneys’ profession, it is interesting to note there are more women candidate attorneys. There are currently some 33 929 practising attorneys and 6 294 candidate attorneys in South Africa. Of the 33 929 practising attorneys, 15 354 are women – in other words 45% of the profession. Of the 6294 candidate attorneys, the majority (3807) are women, which is 60%. The issue is how do we retain them? How do we ensure that they do not leave the legal profession?
A 2024 study by the University of Cape Town’s Dr Tamlynne Meyer revealed that women are still perpetually marginalised in the legal profession. The study lauded South Africa’s robust legal and policy framework on gender equality and transformation but noted that despite the removal of formal barriers and the enactment of various policy frameworks to drive transformation, women continue to experience inequality and marginalisation in the profession.
It noted that the odds of women accomplishing partnership status was less than one‐third of men. Women also have a higher probability of exiting legal practice before reaching partnership status. According to Dr Meyer’s research, most law graduates are women and thus are the majority of new entrants admitted into the profession, but at partnership level, women make up only 28%.
Dr Meyer highlights what she refers to as a “hyper-competitive masculinised professional culture” and argues that we need more meaningful dialogue within the profession itself to understand why and how inequality is maintained and reproduced despite the removal of formal barriers. I want to echo this need for more dialogue, more mentorship and more interventions.
I was pleased to learn of an exciting initiative, called the iKamva Initiative, led by the University of Johannesburg and of which the SAC-IAWJ is also a partner, along with Women in Law South Africa (WOZA) and Mapongwana Attorneys.
The initiative aims to develop a new generation of women legal leaders in Africa. It envisions South Africa’s future legal profession as a collaborative and inclusive institution that fosters an environment where women’s entry into the profession and their contributions thereafter are valued and encouraged. We need more of these initiatives and interventions.
There is also the issue of funding.
As you know, the South African Judicial Education Institute (SAJEI) conducts the highly successful Aspirant Women Judges Programme aimed at equipping experienced women legal professionals with the skills, mentorship and exposure needed to become judges.
A serious challenge hindering the programme is the issue of funding.
Some of the selected legal practitioners have had to withdraw from the programme due to financial constraints, as it was not possible, despite several efforts, to secure a stipend for them.
This is an aspect which we will require much consideration going forward.
To conclude,
In this month in which we celebrate women, we think of women like Victoria Mxenge.
Victoria Mxenge was not only a lawyer, she was also a fearless icon of South Africa’s liberation struggle.
After the brutal assassination of her husband, Griffiths Mxenge, she took over his legal practice and defended students, activists and victims of apartheid with unwavering courage.
Murdered in 1985, Victoria’s legacy lives on, inspiring generations of women in law to pursue justice with integrity, resilience and a deep commitment to human dignity.
Programme Director,
I want to wish the SAC-IAWJ all the best for its deliberations at its Annual General Meeting.
It was Socrates who said that “Four things belong to a judge: to listen courteously, to answer wisely, to consider soberly and to decide impartially.”
Thank you to all our women judicial officers who bring all of these qualities, and more, to our courts, every day, in the pursuit of justice for all.
May you continue to lead and to inspire.
Malibongwe!
#GovZAUpdates
