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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 presents colloquium on the law of delict
2008-03-06

 

The Faculty of Law at the University of the Free State (UFS) recently presented a unique debate on the law of delict on the Main Campus in Bloemfontein. The colloquium was attended by six current and two retired judges of the Supreme Court of Appeal, including Justice Craig Howie, President of the Supreme Court of Appeal, as well as two judges from the Free State provincial division. Twelve of the most prominent academics and authors on the law of delict from across the country, members of the Free State Bar, as well as staff from the faculty were present. Arguments centred on the element wrongfulness and how it should be determined as well as how it differs from fault and more specifically negligence. Unfortunately no unanimity about how judgments of the Supreme Court of Appeal on how this issue should be interpreted could be reached. Attendees however agreed that this was a useful debate that served to highlight the importance of this issue and they expressed their appreciation for the opportunity. As far as could be ascertained, this was the first time that a debate regarding the law of delict took place on this level. At the colloquium were, from the left: Prof. Johann Neethling (speaker at the colloquium and author on the law of delict, Unisa), Prof. Rita-Marié Jansen (Department of Private Law at the UFS and organiser of the colloquium), Prof. Johan Potgieter (author on the law delict, Unisa), Appeal Judge Craig Howie (President of the Supreme Court of Appeal), and Judge Mojalefa Rampai (Free State Provincial Division of the Supreme Court).
Photo: Supplied

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