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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 researcher fills void in South African policing history
2017-01-02

Description: Dr Cornelis Muller Tags: Dr Cornelis Muller 

Currently a Postdoctoral fellow in the International
Studies Group, Dr Cornelis Muller’s PhD thesis explores
late nineteenth century South African policing on the
Witwatersrand.
Photo: Rulanzen Martin

“I used policing on the Witwatersrand as a lens through which to examine aspects relating to state formation within the South African Republic.”

This is how Dr Cornelis Muller, a postdoctoral fellow in the International Studies Group at the University of the Free State (UFS), described his PhD thesis called Policing the Witwatersrand: A history of the South African Republic Police, 1886-1899. The thesis fills an empirical void in the history of settler colonial policing in South Africa.

His research was also featured in the South African Historical Journal, which is published by Routledge. Dr Muller received his PhD from the UFS during the 2016 Winter Graduation ceremonies. He received a scholarship from the university to conduct his three-year research.

Relationship between police and state examined

The study presents itself as an institutional biography in which the relationship between the South African Republic Police (known as the Zarps), the state, and broader society are examined. The period under investigation was a time when political, economic, and social complexities on the Witwatersrand created tension between South Africa and Great Britain.

An important theme throughout the thesis is the relationship between the police, the mining industry, and the so-called Uitlander community. Crime was also an important contributing factor to the complex relationship that developed between the Zarps and the policed in Johannesburg’s formative years.

“Johannesburg was a town under siege by a variety of crimes which ranged from vagrancy, drunkenness, gambling, and prostitution to robbery, murder, and assault,” said Dr Muller.

Archives in South Africa and Great Britain consulted
“My thesis follows a chronological approach in which various themes accounting for the development of the police on the Witwatersrand are highlighted.” Framed within the bureaucratic and administrative functioning of the Zarps, he examined aspects relating to crime, crisis, and conflict between the police and society. The thesis also details the relationship between the police and Johannesburg’s black community.

As with any historical research, it comprised internal and external source criticism and content analyses of a wide range of archival records.

Dr Muller had the opportunity to visit several archives and libraries in South Africa and Great Britain. “Some of the more important archival collections were assessed at the National Archives in Pretoria.” These included the Archive of the State Attorney and the Archive of the Magisterial District of Johannesburg.

“My study thus adds to scholarship that seeks to provide a more nuanced understanding of the South African Republic’s administrative functioning and internal politics in the late nineteenth century,” concluded Dr Muller.

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