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

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.

Authors

Publication Details

Journal
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad
Published
2025-10-15
DOI
https://doi.org/10.17159/1727-3781/2025/v28i0a18231
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

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

Carlos Joel Tchawouo Mbiada
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad
Legal Issues in South Africa
article

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

Carlos Joel Tchawouo Mbiada
article en

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.

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese RegsbladVol. 28
Openalex Percentile: Top 55%
Legal Issues in South Africa
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Structural Barriers and the Erosion of Access to Justice in the South African Labour Court and Labour Appeal Court — Carlos Joel Tchawouo Mbiada · Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad (2025) | TGRS Research Map | TGRS