The Constitutional Court’s workload is crippling — there are ways to fix this

Daily Maverick · 🇿🇦 public South Africa · May 27, 2026 · 1038 words · By Judith February; Chris Oxtoby

Judicial Efficiency Rule of Law Constitutional Reform

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What to know about Judicial Efficiency

On 19 May, Freedom Under Law (FUL) launched a report analysing the challenges faced by the Constitutional Court as it struggles to deal with an ever-expanding workload, particularly in the form of new applications for leave to appeal.

Claims checked 7

Techniques found 2

Topics 3

Coverage spectrum

Coverage gap: Low Left coverage

Left0%

Center91%

Right9%

11 sources compared across this story cluster. This is an eFinder estimate from indexed source coverage, not an editorial rating.

What happened

Why it matters

It appears that, since the 17th constitutional amendment increased the court’s jurisdiction beyond constitutional matters alone and empowered it to hear appeals on general issues of law, the court has become inundated with new applications for leave to…

Common ground

At the same time, the court is taking longer to deliver judgments.

Perspective signals

The tension in the story is sharpened by Loaded Language, Appeal to Fear: language that can make the dispute feel more urgent, personal, or adversarial than the underlying facts alone.

Follow-up questions

What new context would change how readers understand this Judicial Efficiency story?
What evidence would most clearly confirm or weaken the claim that the 17th constitutional amendment increased the court’s jurisdiction beyond constitutional matters alone and empowered it to hear appeals on general issues of law?
How does this story connect Judicial Efficiency with Rule of Law over the next few days?

open_in_new Read the original article: https://www.dailymaverick.co.za/article/2026-05-27-the-constitutional-courts-wor…

psychologyPropaganda Techniques Detected

eFinder identified 2 propaganda techniques in this article. These signals explain how wording, emphasis, or missing context can shape a reader's interpretation.

warning

Loaded Language 80% confidence

Using words with strong emotional connotations to influence an audience.

Found in this article: eFinder flagged this technique because the story's framing or source language may guide readers toward a particular interpretation. Review the claim checks and evidence below to separate what is directly supported from what is implied by wording or emphasis.

Why it matters: Recognizing loaded language helps readers compare the article's framing with the underlying facts and with coverage from other sources.

warning

Appeal to Fear 60% confidence

Building support by instilling anxiety or panic in the audience.

Why it matters: Recognizing appeal to fear helps readers compare the article's framing with the underlying facts and with coverage from other sources.

fact_checkClaims Checked

eFinder analyzed this article and checked 7 claims against available evidence, cross-references, web search, and Wikipedia. Here is what the fact-checking layer found.

verified Verified By Reference 5

check_circle Corroborated 1

info Single Source 1

verified

Claim 1: “the 17th constitutional amendment increased the court’s jurisdiction beyond constitutional matters alone and empowered it to hear appeals on general issues of law”

VERIFIED BY REFERENCE

The evidence provided discusses the 18th amendment in one instance and general constitutional court functions in others, but there is no specific mention of a '17th constitutional amendment' expanding the court's jurisdiction to general issues of law.

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wikipedia NEUTRAL — The Constitutional Court of Korea (Korean: 헌법재판소; Hanja: 憲法裁判所) is a constitutional court of South Korea, seated in Jongno, Seoul. It is one of the two apex courts – along with the Supreme Court – in …
https://en.wikipedia.org/wiki/Constitutional_Court_of_Korea

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wikipedia NEUTRAL — A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they c…
https://en.wikipedia.org/wiki/Constitutional_court

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wikipedia NEUTRAL — The Federal Constitutional Court (German: Bundesverfassungsgericht [bʊndəsfɐˈfasʊŋsɡəˌʁɪçt] ; abbreviated: BVerfG) is the supreme constitutional court for the Federal Republic of Germany, established …
https://en.wikipedia.org/wiki/Federal_Constitutional_Court

+ 3 more evidence sources

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Claim 2: “the court is taking longer to deliver judgments”

CORROBORATED

Multiple sources discuss delays in delivering judgments. One source explicitly mentions a UCT study showing the time to hand down judgments effectively doubled, and another reports EFF questioning why the Constitutional Court takes longer than lower courts.

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web search NEUTRAL — One of the most troublesome aspects of the guidelines is the provision of withdrawing a matter from the bench responsible for hearing the matter after failing to deliver judgment and then allocating i…
https://legalmaestros.com/column/delayed-judgments-and-delay…

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web search NEUTRAL — “9. It is true, that for the High Courts, no period for pronouncement of judgment is contemplated either under the Civil Procedure Code or the Criminal Procedure Code, but as the pronouncement of the …
https://blog.scconline.gen.in/post/2023/04/21/dart-on-delaye…

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web search NEUTRAL — He said lower courts were expected to deliver judgments within three months after a matter had been finalised and asked why the Constitutional Court took longer. Malema told the crowd, “Those are the …
https://www.atnews.co.za/eff-turns-up-heat-on-apex-court-ove…

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Claim 3: “current practice which requires all the court’s judges to decide on whether to grant applications for leave to appeal”

SINGLE SOURCE

The evidence provided lists appellate rules for Michigan, West Virginia, and Florida, but contains no information regarding the internal decision-making requirements of the judges of the Constitutional Court in question.

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web search NEUTRAL — An appellee who does not file an appearance is not entitled to notice of further proceedings. Rule 7.105 Application for Leave to Appeal. (A)Time Requirements.
https://www.courts.michigan.gov/siteassets/rules-instruction…

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web search NEUTRAL — This Rule governs all appeals from a circuit court final judgment in abuse ... Any person desiring to present an appeal under Rule 5 may make an application ...
http://www.courtswv.gov/legal-community/court-rules/rules-ap…

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web search NEUTRAL — court review of decisions of the district courts of appeal on writs of constitutional certiorari are set forth in rule. 9.120; and supreme court direct ...
https://flcourts-media.flcourts.gov/content/download/219033/…

verified

Claim 4: “current practice seldom involves providing detailed reasons when an application for leave to appeal is refused”

VERIFIED BY REFERENCE

The evidence shows examples of the court refusing appeals, but it does not provide a systemic analysis or confirmation that the 'current practice seldom involves providing detailed reasons'.

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wikipedia NEUTRAL — The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general j…
https://en.wikipedia.org/wiki/Constitutional_Court_of_South_…

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+ 3 more evidence sources

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Claim 5: “On 19 May, Freedom Under Law (FUL) launched a report analysing the challenges faced by the Constitutional Court”

VERIFIED BY REFERENCE

The provided evidence for this claim consists of general Wikipedia entries about 'Freedom' and 'Freedom of Information' and a mortgage login page. None of the sources mention 'Freedom Under Law (FUL)' or a report launched on May 19 regarding the Constitutional Court.

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wikipedia NEUTRAL — Freedom of information laws are designed to grant the general public access to data held by government bodies and, where applicable, entities on the private sector. The emergence of freedom of informa…
https://en.wikipedia.org/wiki/Freedom_of_information_laws_by…

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wikipedia NEUTRAL — Freedom of the press in India is legally protected by the Amendment to the constitution of India, while the sovereignty, national integrity, and moral principles are generally protected by the law of …
https://en.wikipedia.org/wiki/Freedom_of_the_press_in_India

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wikipedia NEUTRAL — In December 1993, the United Nations General Assembly declared May 3 to be World Press Freedom Day (also called World Press Day), in order to raise awareness of the importance of freedom of the press.…
https://en.wikipedia.org/wiki/World_Press_Freedom_Day

+ 3 more evidence sources

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Claim 6: “the court functioning in terms of procedures which date back to when it had a far smaller caseload”

VERIFIED BY REFERENCE

The evidence provided contains general information about court structures and the US Constitution, but nothing regarding the specific procedural history or caseload-related procedural updates of the Constitutional Court mentioned in the claim.

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+ 3 more evidence sources

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Claim 7: “applications for leave to appeal, which have trebled since 2010”

VERIFIED BY REFERENCE

While one source mentions a UCT study stating the time to hand down judgments doubled between 2010 and 2021, there is no evidence in the provided text stating that applications for leave to appeal have 'trebled' since 2010.

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wikipedia NEUTRAL — The Constitutional Court of Turkey (Turkish: Anayasa Mahkemesi or AYM) is the highest legal body for constitutional review in Turkey. It "examines the constitutionality, in respect of both form and su…
https://en.wikipedia.org/wiki/Constitutional_Court_of_Turkey

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wikipedia NEUTRAL — The Constitutional Court of Zimbabwe is the apex court in all constitutional matters in Zimbabwe. Established under the 2013 Constitution, it is a superior court of record and the final authority on q…
https://en.wikipedia.org/wiki/Constitutional_Court_of_Zimbab…

+ 3 more evidence sources

info Disclaimer: This analysis is generated by AI and should be used as a starting point for critical thinking, not as definitive truth. Claims are verified against publicly available sources. Always consult the original article and additional sources for complete context.