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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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Minister Jeff Radebe commends UFS for measures taken to address racial prejudices
2013-10-21

 

18 October 2013


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Minister Jeff Radebe lecture: YouTube video

Mr Jeff Radebe, Minister of Justice and Constitutional Development, last night delivered a lecture in the Prestige series of the Dean: Faculty of Law, at the Bloemfontein Campus of the University of the Free State (UFS).

In a packed hall with, among others, university students, staff and members of the judicial system, Minister Radebe said that many other academic institutions should look to the UFS when they deal with the challenges of racism in its various manifestations in their midst. “I commend the university for taking drastic measures to address the challenges of racial prejudices in its own backyard,” he said.

“Government can and must provide leadership, but it is the collective efforts of all our people that will ensure that we bridge the racial and historical divides that stand in contrast to our noble virtues as entailed in the Constitution,” the Minister said.

On the topic “Access to Justice” the Minister said that the Department of Justice and Constitutional Development has channelled more than 80% of its nearly R16 billion budget to the Access to Justice programme.

Minister Radebe talked about the reintroduction of the Sexual Offences Courts, which attests to the unrelenting resolve to eliminate the scourge of gender-based violence. “Fifty-seven of the department’s Regional Courts are being upgraded to operate as dedicated Sexual Offences courts during the 2013/2014 financial year. We believe that these sexual offences courts will help address the growing challenge of sexual offences in the country, particularly against vulnerable groups.”

The Minister also pleaded with law teachers to avail themselves to preside in the courts in our country to complement the decreasing number of presiding officers that are drawn from the attorneys’ and advocates’ profession. These services are normally rendered by the Commissioners pro bono as part of an endeavour to bring justice to all the people, including the poor.

A challenge that the UFS could help resolve,is the transformation of the legal profession. “We need to increase the number of Law students and in turn increase the number of attorneys and advocates in the pool from which we derive candidate judges,” Mr Radebe said.

The Legal Practice Bill and the transformation of the State Legal Service are the most important initiatives underway by which the Institutions of Higher Learning will make a contribution. “The Bill seeks to establish a single regulatory structure, which will be responsible for setting the norms and standards for all legal practitioners. Members of the public, as primary beneficiaries of the legal profession, will also be represented in this structure. Other important objectives of the Bill are the removal of barriers of entry to the profession for young law graduates who aspire to pursue a legal career, and the introduction of measures aimed at ensuring that fees chargeable for legal services are reasonable and within reach of ordinary citizens,” he said.

The Minister concluded: “Our courts must reflect both the race and gender demographics of our country and so must the university communities in their various capacities as a microcosm of the society we seek to build.”

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