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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

Moot Court competition bigger success than ever before
2009-10-27

 

Here are the members of the winning team in the Afrikaanse section: André Stander and Wilmie Stander.
Photo: Stephen Collett
 

The University of the Free State’s (UFS) Department of Law of Procedure and Law of Evidence again presented the First-year Moot Court Competition this year. This interuniversity competition was presented for the fifth time this year. The Universities of the Free State, Pretoria, Johannesburg, Rhodes, North-West, Zululand and KwaZulu-Natal (both campuses), as well as an international institution, the Charlotte Law School in North Carolina in the USA also participated in the competition.

The last-mentioned participant was indeed a highlight for the Department of Law of Procedure and Law of Evidence. The students of the Charlotte School also initiated a community service project for a school in a disadvantaged community. According to Adv. Mariëtte Reyneke from the Department of Law of Procedure and Law of Evidence, the students of the UFS’s Faculty of Law will also participate in this project. The team’s participation is a result of negotiations to work together between Prof. Neels Swanepoel, departmental head, and the Charlotte School of Law early in 2009 as part of the university’s internationalisation priority.

“We are really excited about the growth of the competition that started out with three universities to where it is today. We believe that it is a cause for celebration,” said Adv. Reyneke.

Only first-year students may participate. The competition will take place in the High Court and the final rounds in the Court of Appeal. The judges are compiled from retired judges, practising judiciary, magistrates as well as retired lectures of law. Only a small number of law practitioners get the opportunity to appear in the Court of Appeal and to do this in your first year in front of a judge is an excellent exposure and career forming. This is also the only competition in the country where students can participate in either an English competition or an Afrikaans competition.

Sixteen English teams (9 universities) and 7 Afrikaans teams participated in this year’s competition.

At the prize giving function the UFS team was crowned overall winners of the Afrikaans section and a team from the University of Pretoria as overall winners of the English section of the competition.

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