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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

The mysterious origins and problematic significance of the Postamble
2014-10-20



Prof André du Toit (UCT) and Prof Pieter Duvenhage (UFS)
Emeritus professor from UCT’s Department of Political Studies, Prof André du Toit, delivered a presentation at the Bloemfontein Campus on 14, 15 and 16 October 2014 respectively. His presentations gave an in-depth exploration of the Postamble as founding text of the South African Truth and Reconciliation Commission (TRC).

This event was hosted by the Institute for Reconciliation and Social Justice, in collaboration with the Department of Philosophy.

Prof Du Toit’s papers were entitled:
•    A Need for Truth: Amnesty and the Origins and Consequences of the TRC Process.
•    Tracking down a belated and inconclusive amnesty pact: The obscure origins and problematic significance of the 'Postamble' as founding text of the TRC process (Part 1 and 2).

In his presentations he explored how the text of the Postamble came to be written. He also scrutinised the respective contributions of those who were involved in drafting the text. The significance of the Postamble – as it is understood in its historical context – was also a point of discussion.

Prof Du Toit raised some thought-provoking questions during the three days. What is the relation of the amnesty provision of the Postamble with the subsequent TRC amnesty process? How did a text without any particular reference to a truth commission come to function as founding text and discursive framework for the TRC?

He also investigated some of the main problems with the history and significance of the Postamble, as well as its mysterious origins. In addition, Prof Du Toit conducted a critical analysis of a set of newly-identified drafts of the text.

One of Prof Du Toit’s most substantive inquiries, though, was into the question: Was the amnesty provision of the Postamble the product of an underlying amnesty ‘pact’ between the NP government and the ANC?


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