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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

Forgive and forget? Or remember and retaliate?
2015-10-08

Cover of the novel Kamphoer

Fact and fiction came together at the Bloemfontein Campus recently to discuss the traumatic repercussions of the South African War. The event forms part of a three-year project – headed by Prof Pumla Gobodo-Madikizela (University of the Free State Trauma, Forgiveness, and Reconciliation Studies) – which investigates transgenerational trauma in the aftermath of the South African War.

The discussion explored the theme, ‘Working through the Past: Reflections on the novel Kamphoer’.

Together, Emeritus Prof Chris van der Merwe (University of Cape Town) and the author of the novel, Dr Francois Smith (University of the Free State, Department Afrikaans and Dutch, German and French), engaged in a thought-provoking, insightful conversation, tracing themes of trauma and issues of forgiveness presented in Kamphoer. Prof Van der Merwe and Dr Smith demonstrated how both fiction and historical fact can inform our present, and guide us into the future.

Emeritus Prof Chris van der Merwe and Dr Francois Smith
discuss the novel Kamphoer and how the book relates to
current issues of transgenerational trauma.

“On a societal level,” Prof Van der Merwe said, “we need to work through trauma by putting it into words, and putting it into a narrative.” When it comes to historical trauma, should we forgive and forget, though? Or rather remember and retaliate? Neither, proposed Prof Van der Merwe. “What I want to plead for is the difficult challenge: remember and forgive.” But Prof Van der Merwe also pointed out that, although forgiveness blesses both the giver and receiver, it is an ongoing process.

Dr Smith agreed wholeheartedly. “One of the discoveries of my book is that forgiving is a continuous process. It’s not something that gets completed at a particular stage in your life. By the same token, you can’t say that you are ever able to leave the past behind.” These issues of trauma, forgiveness, the past versus the present, remembering and forgetting are all integral questions confronting the main character of the novel, Susan Nel .

They are also questions we, as a nation, are currently confronted with, too.

“At this moment in our society,” Prof Van der Merwe said, “we have enough killers. We have a greater need now for caring nurturers.”

 

 

 

 

 

 

 

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