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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

Eugene de Kock, FW de Klerk and forgiveness – Prof Gobodo-Madikizela’s take on gestures of reconciliation
2015-02-06

What Prof Pumla Gobodo-Madikizela, Senior Research Professor in Trauma, Forgiveness and Reconciliation Studies at the University of the Free State, found over the years talking to Eugene de Kock, was a man tortured by his past. By the deeds he has committed.

“As a result he was confronting these – not as a cog in a machine – but as a person who actually did the deed himself,” Prof Gobodo-Madikizela said during an interview [https://soundcloud.com/primediabroadcasting/dr-gobodo-on-de-kock-parole] with Pippa Hudson on Cape Talk. A man taking personal responsibility.

Against the backdrop of De Kock recently granted parole, what, then, is the nature of forgiveness?

“Often people think when they forgive, you forgive and forget. That’s not the point,” Prof Gobodo-Madikizela says. “Forgiving, in fact, I found is the wrong word. We are using forgiveness for a range of responses. What I find useful in this kind of work is to think about how people change, how people are transformed. In other words, to think about our empathic connection to people who are our former enemies.” In other words: to reach a place where both parties can see each other as fellow human beings. “Somehow when a person expresses remorse – in the way Eugene de Kock has done – it opens a door for the different kinds of relationships to that traumatic past,” Prof Gobodo-Madikizela says.

In an article for the Sunday Times, Prof Gobodo-Madikizela refers to the motion to immortalise F W de Klerk by renaming Table Bay Boulevard after him. In this piece, she clearly points out that De Klerk is not without blood on his hands. She agrees with Mayor Patricia de Lille’s support of this tribute to De Klerk, though, when De Lille refers to ‘the spirit of reconciliation that Tata Madiba believed in’.

Justice Minister Michael Masutha – who granted De Kock parole – and De Lille “are right in evoking the memory of Nelson Mandela through these important gestures of reconciliation,” Prof Gobodo-Madikizela remarks. The need to return to Nelson Mandela’s vision, she adds, remains urgent.

Read Prof Gobodo-Madikizela’s full article, published in the Sunday Times, here.
For Prof Gobodo-Madikizela’s response to Eugene de Kock, FW de Klerk and reconciliation, read here.

 

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