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29 May 2019 | Story Rulanzen Martin | Photo Rulanzen Martin
Judge Musi
Judge President Cagney Musi from the Free State Division of the High Court.

If you live in a rural town the chances of getting equal access to the court system as your urban counterparts is very slim and therefore the trust in the judiciary has taken a nosedive. This is the “urban bias” of the judiciary, according to Judge President Cagney Musi of the Free State Division of the High Court.

Afrobarometer conducted a countrywide survey on, Trust in Judiciary and access to justice in South Africa. Judge Musi, Matthias Krönke from the Department of Political Studies at the University of Cape Town and Chris Oxtoby from Democratic Governance and Rights Unit at UCT, engaged in a panel discussion on the findings of the report.

The data of the survey was released at an event which was hosted by the Department of Political Transformation and Governance at the University of the Free State (UFS) on Tuesday 16 May 2019. 

“The fact that we in South Africa and can say ‘I will take you to court’ is evidence of the trust there is in the judiciary,” said Judge President Musi. However, this trust in the courts ultimately lies in the operations of the court system. Cases that get postponed just becomes part of the backlog. The trust can be maintained through constant communication from the courts. Judge Musi asked whether social media could be used to maintain the trust in the judiciary by sharing court rulings on social media. 

“It is also time the courts moved along with the changing times.” Judge Musi was referencing the Fourth Industrial Revolution and how courts can move away from conventional paper-based systems to a process whereby a claimant can submit summonses online.

The data findings of the Afrobarometer survey focused on three broad themes namely; trust in the judiciary and access to justice and judicial autonomy. It aims to contextualise South Africa on the continent and see to what extent people trust the judiciary in South Africa and how that compares to other parts of Africa. South Africa’s performance is very average compared to other countries.

News Archive

‘Miratho’ seeks to drive policy-changing research through international collaboration
2017-09-29

Description: ' AM Bathmaker CRHED Miratho Tags: AM Bathmaker CRHED Miratho

From the left: Phathu Mudau (Thusanani Foundation),
Prof Melanie Walker (UFS), Prof Ann-Marie Bathmaker
(University of Birmingham), Prof Monica McLean
(University of Nottingham), and Fulu Ratshisusu
(Thusanani Foundation).

Photo: Eugene Seegers

Miratho is a TshiVenda word that refers to informal, self-made bridges, which are usually built by rural community members during floods or other natural disasters. These are usually dangerous, unstable constructions, and only the brave tend to use them. When community members build miratho, though, they create opportunities for stranded students to attend school. Miratho symbolise the determination to access education even in the face of danger, and working with others to make progress.

The Miratho Research Project is led by the Centre for Research on Higher Education and Development (CRHED) at the University of the Free State (UFS), in partnership with the Universities of Birmingham and Nottingham in the UK, and the Thusanani Foundation. The project is jointly funded by the Economic and Social Research Council and the Department for International Development in the UK, as well as the National Research Foundation in South Africa. The project research team consists of Prof Melanie Walker, Prof Merridy Wilson-Strydom and Dr Mikateko Höppener from CRHED at the UFS, Prof Monica McLean from the University of Nottingham, and Prof Ann-Marie Bathmaker from the University of Birmingham.

Miratho is a four-year project, stretching until August 2020, which seeks to investigate multidimensional dynamics shaping or inhibiting disadvantaged students’ capabilities to access higher education, participate and succeed in it, as well as move from higher education to work. By means of a systematic, integrated and longitudinal mixed-methods investigation, Prof Walker and her team, in close collaboration with the Thusanani Foundation, aim to develop an inclusive, capabilities-based higher education Index, which in turn would serve to inform policy and practice interventions that challenge inequalities that have an impact on learning outcomes.

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