Structural Barriers and the Erosion of Access to Justice in the South African Labour Court and Labour Appeal Court

Abstract

This article critically analyses the structural challenges that hinder access to justice in the South African Labour Court and Labour Appeal Court. Eschewing scholarly debates about access to justice, this article adopts a functional approach, construing access to justice as the ability to access courts effectively. Anchored in section 34 of the Constitution, which guarantees the right to a fair and timely adjudication of disputes, the article investigates whether the composition of the bench, the availability of judicial personnel, the physical infrastructure and the administrative capacity of these courts enable meaningful access to justice. Drawing on legislative frameworks, judicial statistics, academic literature and field observations, the article reveals that the chronic shortage of judges, inadequate court infrastructure, limited administrative support and overreliance on acting appointments have led to systemic delays. It argues that these deficiencies amount to a constructive denial of the constitutional right to access the courts. The article concludes with policy recommendations, including legislative reform, the expansion of the Labour Court and the Labour Appeal Court, infrastructural investment and the institutional separation of the Labour Court and the Labour Appeal Court, to ensure their alignment with the constitutional imperative of accessible, fair and expeditious justice.