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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

Inter-country adoptions can offer relief
2009-08-12

 
At the occasion were, in the front: Prof. Hennie Oosthuizen, head of the Department of Criminal and Medical Law, UFS; back: Adv. Mariëtte Reyneke, head of the Unit for Children’s Rights and senior lecturer in the Department of Law of Procedure and Law of Evidence, UFS, Judge of Appeal Belinda van Heerden, and Adv. Beatri Kruger, also from the Unit for Children’s Rights and senior lecturer in the Department of Criminal and Medical Law, UFS.
Photo: Stephen Collett 


Inter-country adoptions must not be taken lightly; however, in some instances it is suitable and can bring relief to a child. These were the words of Katinka Pieterse from Abba Adoptions, which specialises in inter-country adoptions.

She was one of the expert presenters at a recent workshop on inter-country adoptions that was recently presented by the Unit for Children’s rights in the Department of Criminal and Medical Law in the Faculty of Law at the University of the Free State (UFS).

Judge of Appeal Belinda van Heerden, an expert in the field of Child and Family Law, gave an overview as well as a Southern African perspective on this controversial topic. The Hague Convention sets international standards to protect children from the inherent dangers that accompany inter-country adoptions. The South African law must be aligned with these international standards by incorporating specific stipulations as well as the Hague Convention into legislation applicable to children. There must also be acted in the best interest of the child, said Judge van Heerden. The authorities have safety measures in place to protect children from these dangers. The starting point remains that inter-country adoptions are only considered once one cannot find suitable care in the country of origin.

Prof. Sheryl Buske from the Charlotte School of Law, North Carolina in the United States of America in particular emphasised the dangers of human trafficking that can take place when inter-country adoptions do not adhere to international safety standards. She also pointed out new developments such as the role of surrogate mothers and the adoption of embryos.

The workshop was attended by a large variety of role players, varying from academics, lawyers, social workers, non-governmental organisations, law students and representatives from governmental institutions. Consequently, light was shed on the topic from a number of angles which will be of value to the respective role players. Jurists from Lesotho also expressed their gratitude for the insight they received.

The workshop was of great value to the university because it served the community with expert presentations on this new and sensitive topic. The guidelines and pitfalls that were discussed and pointed out at the workshop cleared uncertainties and brought new insight to the different professions and role players in the field. Furthermore, the bond between the academia and practice were developed and strengthened by the establishment of further cooperation between the parties.

Media Release:
Lacea Loader
Deputy Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
11 August 2009

 

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