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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

Well known US and international law scholar honoured
2014-09-22

 

Prof Ralph Mawdsley
Photo: Stephen Collett

On 11 September 2014 the Faculty of Law inaugurated Prof Ralph Mawdsley as extraordinary professor. Prof Mawdsley is from the Cleveland-Marshall School of Law at the Cleveland State University in Ohio. He delivered his inaugural lecture titled ‘Diversity, Affirmative Action and Higher Education: Searching for Clarity in Federal Court Decisions’.

In his lecture Prof Mawdsley traced the complex road the US has travelled since the seminal judgment in Brown v Board of Education and the various differing views on the interpretation of compelling interests – with particular reference to race and diversity in the context of university admission policies.

In her introductory address, Prof Caroline Nicholson, Dean of the Faculty of Law, referred to Prof Mawdsley’s phenomenal resume of countless publications, national and international awards and numerous citations in court opinions, appellate briefs and law treatises. The honour extended to Prof Mawdsley coincides with the continuous drive by the UFS to establish a reputable international profile. During his visit, Prof Mawdsley consulted with various UFS staff members with regard to mutually interesting research matters.

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