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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

UFS study finds initiation does not build character
2015-06-24

Photo: Canva.com

Initiation at schools and school hostels does not build character or loyalty. On the contrary, it is a violation of human dignity and the rights of children.

This is the opinion of researchers from the University of the Free State’s Faculty of Education after an exploratory study of initiation practices in schools.

Although the use of initiation in schools and school hostels is forbidden by the Regulations to Prohibit Initiation Practices in Schools, the study found that this practice is still widely evident in schools. The study also found that, in some cases, teachers and/or principals take part.

In the study, led by Dr Kevin Teise from the Faculty of Education, it was found that physical deeds and even violence and emotional degradation were inflicted under the guise of ‘initiation’.

The study was discussed recently during a panel discussion between the Faculty of Education, the Faculty of Law, and the Institute for Reconciliation and Social Justice.

The ‘initiation activities’ that take place during school hours ranged from carrying senior learners’ bags or doing other favours for them, handing over their food or food money, doing senior learners’ homework, and looking down when they speak to senior learners.

In school hostels, it was found that learners were expected to do humiliating things, and were also subjected to physical demands and even violence. Learners pointed out that they were smeared and beaten, their heads pushed into toilets, they had to bath or shower in cold water, they had to eat strange things, and they were prevented from sleeping.

Dr Teise says initiation practices are a general phenomenon in the schools and school hostels that took part in the investigation. Newcomers were subjected to silly and innocent practices, but also to physically and emotionally degrading, and even dangerous ones, before and after school, and during breaks and sports- and cultural gatherings.

“The study’s findings give every indication that the constitutional principles on which the policy document, Regulations to Prohibit Initiation Practices in Schools, is modelled, are not being put into practice and respected at these schools. Policy documents and school rules are pointless if learners, old pupils, parents, teachers, and the broad community consider initiation an acceptable behaviour that is, ostensibly, an inseparable part of school or hostel tradition and of the maturation and/or team-building processes.”

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