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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

Nigeria’s Boko Haram: Why negotiations are not an option
2014-10-23



There has been much speculation if the recently announced ceasefire in Nigeria as well as talks with Boko Haram will indeed secure the release of about 200 girls kidnapped by this religious militant group.

Talks already started between the government and Boko Haram but there are still doubts if the girls will be freed and if the Nigerian government can successfully negotiate with Boko Haram. Prof Hussein Solomon, Senior Professor at the University of the Free State, regards this current negotiations as a terrible idea.

“At a time when Boko Haram’s strength is escalating, the correlatory weakness of the Nigerian government is increasingly exposed. As Nigerians prepare for the next presidential elections, embattled President Goodluck Jonathan is increasingly desperate to negotiate with Boko Haram to secure the release of schoolgirls seized by the terrorists earlier this year and to negotiate a ceasefire. This is a terrible idea. It makes a mockery of the rule of law and of the thousands of innocent victims of the militant violence. More importantly, it will only serve to fuel the terrorists’ ambitions further as the powerlessness of the government is exposed.”

Prof Solomon says religious intolerance is on the rise on the African continent, with a concomitant rise in terrorist incidents. In Algeria, extremist terrorism carries the name of Jund al Khilafah or Caliphate Soldiers in Algeria. In Mali it is Ansar Dine or Defenders of the Faith. In Somalia it is Al Shabaab (The Youth). But none of these organisations come close to the carnage wrought by Nigeria’s Boko Haram (literally meaning Western education is forbidden).

Boko Haram has carried out more than 1 000 attacks since 2010, which has resulted in the deaths of 10 000 people and a further 6 million affected by this terrorist violence. The 300 000 Nigerian refugees who have fled this tsunami of terrorism and have sought refuge in neighbouring Cameroon, Chad and Niger, provide adequate testimony to the human costs of such terrorism. Boko Haram, meanwhile, has formed tactical alliances with Al Qaeda in the Islamic Maghreb, Al Shabaab and the Islamic State in Iraq and Syria (ISIS), which means that the groups are sharing intelligence, tactics and material support. This cooperation has also resulted in increasingly sophisticated terror attacks mounted by Boko Haram.

Read more about Prof Solomon and his research.


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