The Helen Suzman Foundation (HSF) and the Democratic Governance Rights Unit (DGRU) presented their joint submission on the SAJEI Amendment Bill to the Portfolio Committee on Justice and Constitutional Development on 4 August 2026. The purpose of the Bill is to amend the principal Act to “provide for the appointment of the Dean, to provide powers and duties of the Dean, to amend the title of the Director to Executive Director [and] to further regulate the appointment, powers and duties of the Executive Director”.
Established in 2011, SAJEI is an academic institution responsible for education, research and training of the judiciary. Its purpose is to ensure that our courts and judicial officers keep pace with developments in the law, while promoting the values of the Constitution in the advancement of the administration of justice.
The joint submission is informed by broader discourse on strengthening institutions that support and serve the judiciary including SAJEI. We submit that introducing reforms that enables the independence of a single judiciary, as an equal arm of state with its own judiciary-led administration and financial independence will contribute to a stronger and transparent judiciary.
The presentation addressed six issues that the legislature should consider during this process, including the objectives of the Amendment Bill, the mismatch between the principal Act and current practice, the institutional position of the Dean, governance structures, the inclusion of magistrates in the leadership framework, and removal mechanisms.
While welcoming efforts to address shortcomings in the legislation, HSF and DGRU raise that several provisions require further consideration, in consultation with the judiciary and legislature, to ensure that governance arrangements are clear and practical. Particular attention should be given to preserving the separation of powers and ensuring appropriate channels of institutional accountability.
The submission also highlights several practical concerns regarding the administration of SAJEI. In a number of instances, the Bill leaves uncertainty regarding reporting lines, decision making authority and institutional accountability. HSF and DGRU also oppose the exclusion of magistrates from eligibility for appointment as Dean, noting the central role magistrates play in SAJEI's educational programmes and their potential contribution as permanent judicial educators.
HSF and DGRU further recommend the creation of the position of Deputy Dean. Given the extensive nature of the Dean's existing responsibilities, a Deputy Dean would strengthen SAJEI's institutional capacity and enhance the quality of judicial education, curriculum development and long-term planning.
HSF and DGRU thank the Portfolio Committee for the opportunity to make oral submissions. Judicial education plays a vital role in maintaining an independent and capacitated judiciary, and we look forward to continued engagement as the Bill proceeds through Parliament.
You can watch our submissions, made by Mr Mbekezeli Benjamin of Judges Matter, here: https://www.youtube.com/live/V9LomZfcOFE or read our submission here.
