Mr Speaker, one of the fundamental principles that underlie my judicial philosophy is respect for other branches of government, which means you must never intrude into the domain of other branches of government.

Look at where I am today! [Applause.] I have intruded into the domain of Parliament. But it is an intrusion which is mandated by the Constitution.

Hon Speaker of the National Assembly and Chairperson of the National Council of Provinces, hon Mr President, Msholozi, hon Deputy President, Deputy Speaker of the National Assembly and Deputy Chairperson of the National Council of Provinces, former Chief Justice Langa, hon Ministers, Deputy Ministers and Premiers present, my colleagues in the judiciary, hon members, distinguished guests, ladies and gentlemen, thank you so much for the kind words of welcome, Mr President and members of this House. I consider myself especially privileged to receive this historic welcome as new Chief Justice of the Republic of South Africa, and also to be present today to say farewell to my distinguished colleague, Justice Pius Langa.

Justice Langa's service to the nation and to the judiciary is justly respected and I hope that my own service will match the tradition of excellence that my predecessors have established.

Let me begin by expressing my deepest appreciation to you, Mr President, for appointing me as Chief Justice. I am indeed humbled by the confidence you have shown in me, and I shall strive to the best of my ability to be worthy of that trust. Of course, reaching this position has been a product of a long journey through life. So many people have helped me along the way. I would not be standing before you today without the unseen support of my family, my friends, teachers, mentors, and my colleagues in the judiciary. I owe them all a tremendous debt. I regret, though, that some to whom I owe so much, particularly my parents, have not lived to witness this occasion.

The recognition of the contribution of others to my appointment reinforces my view, however, that the judiciary's role must always be characterised by a certain humility. Judges, after all, are servants of the law, and not the other way round.

The Office of the Chief Justice is a great honour, but it carries with it a huge responsibility. Judicial humility is particularly important in South Africa. We are still very much a nation in transition. Our Constitution is the bridge that carries us from the injustices of the past to the society based on democratic values and fundamental human rights that is our future and, increasingly, our present.

Our judiciary has been given wide powers to uphold our constitutional democracy and bring the law into line with our new Constitution. In exercising these powers, our courts must appreciate the role of other branches of government in our constitutional democracy. They must also recognise the difficulties inherent in governing a country with a history such as ours, stained by injustice, where resources are limited and the demands are huge.

Judges must ensure that other branches of government play by the rules, but they, too, must observe the vital limits on their power. They are bound by the Constitution and the principle of the separation of powers. Above all, judges must remain vigilant to the fact that the breadth of judicial power must always be matched by the real depth of judicial responsibility.

Like our nation, our courts have accomplished much over the past 15 years. However, our justice system faces serious challenges. Perhaps the first challenge is the improvement of access to justice. Section 34 of the Constitution enshrines the right of access to courts, yet the cost of litigation and the complexity of legal procedures deter many potential litigants, particularly those who most need and deserve the protection of the justice system.

In a constitutional democracy, founded on the rule of law and the protection of human rights, everyone must be able to have his or her day in court, not just those with the resources to hire expensive counsel, to pay mounting court fees and to bear the escalating costs of litigation that may last for years.

A closely related challenge is the improvement in the efficiency of the administration of justice. Justice may be denied when parties wait for months or even years to be assigned a trial date or an appeal hearing, or to have judgment handed down. Justice may also be denied when the fragmentation of our court system means that like cases are not always decided alike.

Ultimately, we must have a court system that is more efficient and more rationally structured. The transformation of a judiciary dominated by minority to one that reflects the beautiful diversity of our nation, is another challenge. We have made significant progress, yet great distances remain to be traversed.

There is also the challenge of managing the tensions between the judiciary and the other branches of government. Tension is natural, and even desirable. After all, it stems from the vital yet differing constitutional roles assigned to each branch. Too much tension, however, threatens the ability of each to do its duty. Courts may end up thwarting the legitimate political goals of the executive and the legislature, and by the same token, unbridled legislative and executive criticism can weaken public confidence in the judiciary.

Together these challenges contribute to another challenge, which is fundamental, which is the maintenance of public confidence in the judiciary. Without confidence in the ability of the courts to dispense justice, there can be no faith in the rule of law, and without faith in the rule of law valuable relationships of trust within society begin to break down. Citizens can no longer be assured that their rights can be protected. Business can no longer be assured that their contracts can be honoured. Victims of crime can no longer be assured that justice will be served in court.

And so, ultimately, courts must not only be independent and effective; they must also be seen to be independent and effective.

As Chief Justice, Mr Speaker, I am responsible for providing leadership to the judiciary as a whole. In that capacity I shall be spending the next few weeks consulting with my fellow members of the judiciary, to better understand the challenges that I have just described. That consultation will help to develop a programme of action to address these challenges. That programme of action, in turn, will be informed by my vision of the judiciary, which is underpinned by the following fundamental principles: The judicial system must function efficiently; the justice system should be accessible to all; judicial integrity is crucial to the delivery of justice; there must be a healthy constitutional dialogue among the branches of government, consistent with the principle of the separation of powers; and there must be transformation of the judiciary and the legal system consistent with the demands of our Constitution.

I expect to devote all my energy and every moment of my tenure to give effect to this vision.

Mr Speaker, I am mindful of the enormous task that lies ahead. Indeed, I am mindful of the many and difficult challenges that face our courts. Yet, I am also aware of the capability of my colleagues in the judiciary and I am also aware, Mr Speaker, that the President and the Minister of Justice and Constitutional Development and all members of Parliament share my deep commitment to a strong and healthy democracy. That is why I am confident that together we will rise up and meet the many and difficult challenges that face our courts and thereby preserve for the next generation a judicial system that promotes the rule of law, promotes and protects the rights of all, and dispenses justice to the strong and the weak alike.

Mr Speaker, thank you so much for this very warm welcome which I have received in this House. Thank you so much. [Applause.]

This is the unrevised Hansard of Chief Justice Sandile Ngcobo address to parliament, Cape Town, Wednesday, November 11 2009

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