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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

"Participation without insight leads to pronouncements without prospects"
2004-08-30

Taking the poor off the streets and encouraging their participation in the planning process is not always empowering them but it might be robbing them of their power, said Prof Das Steyn, of the Department of Urban and Regional Planning at the University of the Free State (UFS).

Speaking on public participation in the planning process during his inaugural lecture, Prof Steyn said this meant that people in the streets sometimes have more power than people in the system.

“Public participation is an overgeneralization that is often defined as providing citizens with opportunities to take part in governmental decisions and planning processes. But there must be a balance between power and responsibility,” he said.

According to Prof. Steyn, public participation in town planning plays a vital role and can be both deliberation and participation.

After 1994 there was a widespread insistence on democracy, and legislation passed since then was based on the belief that the community must be involved in the planning process.

He said the experience of the Department of Urban and Regional Planning at the UFS was that in some cases people showed lack of interest in public participation.

He believed that the aim of public participation is to improve the effectiveness of planning and that public participation democratises project planning.

“Public participation can help us know how the public feels about certain issues. It has the potential of resolving a conflict, but this is not guaranteed,” Prof Steyn said.

 

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