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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.

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UFS presents workshop on plea bargaining
2010-02-09

At the workshop were in front: Prof. Hennie Oosthuizen, Department of Criminal and Medical Law at the UFS; back: Judge Faan Hancke, Adv. Jo Hiemstra of the Office of the Director Public Prosecution in the Free State, Judge President Hendrick Musi and Judge of Appeal Fritz Brand.
Photo: Stephen Collett


The Centre for Judicial Excellence in the Faculty of Law at the University of the Free State (UFS) recently presented a workshop on plea bargaining. This is the fourth workshop in the series of workshops on effective court management and the expedition of trials that started in 2007.

According to Judge Faan Hancke, the Chair of the workshop and also Extraordinary Professor in the Department of Process Law at the UFS, selected members of the judicature such as Judge of Appeal Fritz Brand, Judge Albert Kruger – who is amongst others the author of an important book on the criminal process – and Judge President of the Free State High Court, Hendrick Musi, conducted presentations at this workshop.

Judge Hancke’s lecture focused on the basic principles of plea bargaining. “Abroad, the plea agreement is effectively applied to shorten court procedures. This gives them a 80 percent saving on court cases with regard to serious crime, where we in South Africa save less than five percent on court cases.

The workshop was attended by magistrates, attorneys, advocates, the UFS Law Clinic and members of the Legal Aid Council. According to Mr Lukas Brand, a magistrate from Botshabelo, this workshop is a must for each jurist. More members of the legal profession must attend these kinds of workshops because there are many people who lack the necessary knowledge on some of the stipulations in the criminal procedure.
 

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