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‘Courts must embrace 4IR’, says Judge President Musi

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

UFS’s Unit for Children’s Rights instrumental in helping human trafficked victim

2010-03-29

Adv. Beatri Kruger.
Photo: Leonie Bolleurs

“Wheeling and dealing is part of our daily life. But what if the ‘product’ bought or sold is not a spanner or a cell phone, but a living human being? Disturbing news came to the fore... apart from other places in the country, and for that matter all over the world, it was discovered that people are treated like commodities here in Bloemfontein as well,” said Adv. Beatri Kruger from the Unit for Children’s Rights at the University of the Free State (UFS).

Adv. Kruger was instrumental in completing and availing the first comprehensive Research Report on Human Trafficking in South Africa to the public on 23 March 2010. As a member of the Reference Group advising on interim research reports on human trafficking, she contributed to the report. The report proves to be an extremely valuable tool for, among others, government departments and non-governmental organisations that use it as a guideline in planning interventions to combat human trafficking.

The Unit for Children’s Rights is also one of the founding members of the Free State Human Trafficking Forum (FHF). To react on and fight the disturbing reality of human trafficking more efficiently, a number of concerned role players such as Child Welfare and other non-governmental organisations, police officials, prosecutors, social workers, health practitioners, private businesses, churches and community organisations joined forces and formed the FHF. The Unit for Children’s Rights hosts monthly meetings at the UFS to facilitate the coordination of this multi-disciplinary counter-trafficking team.

Adv. Kruger is very excited about some of the successes of the FHF; such as the story of Soma (not her real name). This Indian woman was recruited in India by an Indian couple who are staying in South Africa, by promising her a good job in South Africa. However, instead of finding the promised job, Soma was extensively exploited for labour purposes. With the help of a “good Samaritan” she managed to escape from the perpetrators and fled to the police. Soma was removed to ensure her safety and accommodated in a safe place in Bloemfontein. Counselling and other services were rendered to her by an organisation which is also a member of the FHF. One of the challenges facing Soma and the service providers was that Soma speaks a foreign dialect and for weeks a trusted interpreter could not be found.

This obstacle rendered communication with her to the bare minimum. The perpetrators were arrested but unfortunately the new comprehensive counter-trafficking law is not in force yet. Therefore the perpetrators could only be convicted of some offences in the Immigration Act. However, due to good police investigation followed by shrewd consultations, the perpetrators agreed to pay for the victim’s return flight to India as well as for the flight ticket of the investigating officer to escort her to safety. The Unit for Children’s Rights did networking with Ms Maria Nikolovska of the International Organisation for Migration (IOM), who agreed to assist in the safe reintegration of Soma in India. Soma is now on her way back home.

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