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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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First lecture in Law Dean's series presented
2010-10-22

Prof. Johan Henning, Dean of the Faculty of Law at the UFS and Prof. Johan Farrar, a well respected Corporate Law Specialist, at the recent first lecture in the Law Dean’s Prestige Lecture Series.
Photo: Lize du Plessis
Prof. John Farrar, a well respected Corporate Law Specialist of high international repute, delivered the first lecture in the Law Dean’s Prestige Lecture Series at the University of the Free State (UFS). The theme of his paper was Directors’ duties of care – Issues of classification, solvency and business judgement and the dangers of legal transplants.

The topic is of the utmost importance to South African lawyers in view of the very contentious provisions of the new Companies Act 71 of 2008 endeavouring to introduce the business judgement rule into South African Company Law if and thus reforming company directors’ common law duties of care and skill, if when this legislation at long last becomes operative.

Prof. Farrar is a professor of Corporate Governance at the University of Auckland Business School, and joint director of the New Zealand Governance Centre. These are part-time roles and the remainder of his time is spent as emeritus professor of Law at Bond University, Queensland.

Prof. Farrar has extensive experience in Commercial Law Reform, having, for example, acted as a consultant to the New Zealand Treasury, the Law Commission, the Business Council of Australia and the UK Department of Trade and Industry.

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