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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

UFS withdraws interdict against SASCO and ANCYL
2003-11-25

The Rector and Vice-Chancellor of the University of the Free State, Prof Frederick Fourie, announced today that a court order against the South African Students Congress (SASCO) and the ANC Youth League (ANCYL) had been withdrawn.

The withdrawal of the court order follows after a written statement by SASCO and the ANCYL in which they “unconditionally withdraw or retract statements threatening to render the institution ungovernable” and give their “commitment not to proceed with our threats to establish our own democratic SRC and occupy the current SRC offices”.

The UFS management obtained the court order in October after SASCO and the ANCYL refused to accept the outcome of the recent student referendum and SRC elections and threatened to disrupt the campus.

Prof Fourie also welcomed the undertaking by SASCO and the ANCYL to act in accordance with the prescribed procedures to resolve any grievance that the organisations may have, saying the UFS management remains committed to a constructive dialogue with all student organisations to manage a campus of diversity, tolerance and non-racialism.

In September students voted in a referendum to test support for a system of proportional representation (PR) for the SRC. A vast majority of students voted against the PR system, a system favoured by SASCO and the ANCYL..

Following allegations of fraud in the referendum, the UFS management asked the auditing firm PriceWaterhouseCoopers to conduct an independent audit of the ballot papers.

The auditors found that a total of 180 ballot papers out of 3513 – only 5.12% - of the votes cast - appeared to have been altered by means of erasing and then changing the student number.

According to the auditors, with all potentially altered and suspicious ballot papers excluded, a huge majority of 60,8% of students voted against the proportional representation system.

A few days after the referendum, the actual SRC election was held. However, at no stage were there any complaints from any organization about the integrity of the SRC election itself.

Despite this and the findings of the auditors, SASCO and the ANCYL refused to accept the outcome.

Law student Quintin du Plessis was elected SRC president. He welcomed the stance taken by SASCO and the ANCYL to pursue their objectives through the existing structures and said the SRC was always willing to engage with these organisations on issues of student governance.

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