To Robe or Not in SA Courts: A Colonial Vestige or Necessary Decorum in Today’s South Africa? – Vuyani Ngalwana SC [with additional contributions by Adv IAM Semenya SC & Alno Smit]

On 15 August 2024, the Chief Justice invited comments on his mooted amendment of the norms and standards for the exercise of the judicial functions of all courts to require advocates to don robes in the lower courts – magistrates courts and regional courts. Until now, members of the bar have not been required to robe in the South African magistrate’s courts.

The requirement is scheduled to be gazetted on 28 August 2024 and “will” come into effect on 1 October 2024.

The relatively short notice, coupled with the mandatory language as signified by use of the word “will” (not “may” or “could” or qualified by language demonstrative of a willingness to abandon the idea if the weight of argument should tilt the scales against pushing through with the amendment) seems to suggest that the amendment may be a fait accompli. If so, this would be regrettable and taint the entire process in bad faith engagement with the profession.

There are arguments both in favour and against retention of the robing tradition in South African courts. I believe arguments against retention are far stronger than those in favour. I hope I have demonstrated this in this my formal objection not only to the extension of the tradition to advocates in relation to magistrate’s courts but also more broadly in relation to robing in all South African courts.

I have submitted my objection to the Office of the Chief Justice, and live in hope that it will be carefully considered and that, should it not sway the Chief Justice, written reasons will be provided therefor.

Since submitting my own objection, I have received two more submissions on the robing issue, one by Adv Ishmael Semenya SC and another by Adv Alno Smit.

Read Full Objection here: Objection to robing – 18 August 2024

You may also be interested in these:

Judiciary-Norms-and-Standards

Notice – Robing (original)

Adv Semenya SC’s contribution can be found here Objection to Robing in Courts – IAM Semenya SC

Adv Smit’s contribution can be found here In Defence of Robing – Alno Smit