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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

International organised crime expert speaks at our university
2011-07-25

 

Prof. Johann Henning, Dean of our Faculty of Law and Prof. Barry Rider.
Photo: Leonie Bolleurs

Prof. Barry Rider, respected amongst others for the vital role he is playing in the struggle to combat money laundering and organised and economic crime delivered a lecture, Stewardship in Islamic Financial Law, at our university as part of the Faculty of Law’s Prestige Series of seminars.

He has taught mainly at Cambridge and London Universities and has delivered a valuable contribution as an academic in various fields of law. He has read papers and taught at more than 300 universities and conferences in more than 63 countries. He has also authored more than 35 legal handbooks and has made a substantial contribution to several more specialist publications. He is editor of, amongst others, The Company Lawyer, the International and Comparative Corporate Law Journal and the Journal of Financial Crime. His main areas of research are in financial law and the control of economic crime.
 
Prof. Rider has a relationship of more than twenty years with our university. In this time, he received the Doctor Legum (honoris causa) for his involvement with the drafting of money laundering and insider trading legislation. The university has also appointed him as Professor Honorarius in the Faculty of Law (only the second in its more than hundred-year history) for his vast and pivotal role in international law reform as an academic law reformer.
 
As part of his appointment as Honorary Professor in the Faculty of Law, Prof. Rider often delivers lectures in the faculty. During his recent visit, Prof. Rider’s lecture on Islamic Financial Law shed light on the importance of this topic in today’s economy, as money generated from Islamic businesses make up $750 billion to $trillion of the world’s economy. After 9/11, the West wanted to understand more about Islamic Financial Law.
 
The Islamic Financial Law system is determined by the Koran. For instance, Muslim business people cannot allow any payment of interest, as it is forbidden by the Koran.
 
Prof. Rider’s lecture on this very relevant topic was very insightful. As consultant to the Islamic Financial Services Board (IFSB) he spoke with authority on the topic. He is the only British academic lawyer assisting this body.
 
Prof. Rider currently serves in an advisory capacity at the international law firm Bryan Cave LLP. Apart from the IFSB, he is also consultant to the Asian Development Bank.

 

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