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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

British Academic visits UFS
2011-04-14

Dr Wayne Dooling
Photo: Gerda-Marie Viviers

Dr Wayne Dooling , a senior lecturer at the University of London in the School of Oriental and African Studies (SOAS), gave a lecture at the University of the Free State (UFS) on Tuesday. This lecture was presented in conjunction with the UFS’s Department of History. The lecture was on violence and Colonial Law in Southern Africa. “Dutch law was characterised by force and violence,” said Dr Dooling in his introduction of the topic. 

In his lecture Dr Dooling spoke about how Colonial Law worked and how the African legal systems were suppressed by European Law. “One of the biggest achievements European Governments sought was to get African societies and Africans to come around to European ways of wrongdoing,” said Dr Dooling .  He said that African courts did not just disappear; they continued to exist. The reason for Africans to use and rely on European courts was that they were dissatisfied with their own courts.  African laws were not fixed; they benefited only a few and were often violated.

Dr Dooling is currently an Associate Dean of the Faculty of Arts and Humanities of the SOAS. He has authored two books, namely: Slavery, emancipation and Colonial rule in South Africa and Law and community in a slave society.

14 April 2011

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