Honourable Speaker,
I have the honour and privilege of contributing to this debate on the Superior Courts Bill which will go down in history as the beginning of a new Chapter in our constitutional democracy. I do so, in recognition that this Bill is the culmination of the work started by my immediate predecessors in the Justice and Constitutional Development Portfolio and the current and present Chief Justices whose contributions I acknowledge and admire.
I am indebted to President Zuma and my colleagues in Cabinet, whose guidance have helped shape the end product that we are about to debate today. I am equally indebted to Chief Justice Mogoeng Mogoeng, his predecessor, former Chief Justice Sandile Ngcobo and Heads of Courts for their insightful contributions and wisdom without which the product that Parliament will unveil today would not have been realised.
The Superior Courts Act, should this House pass this Bill, will not only constitute the blueprint for the Superior Courts suited to the requirements of our Constitution, but will also set out a framework for the transformation of the magistrates’ courts and other specialised courts which are of equal status to the High Courts and Magistrates Courts. In this context, the Superior Courts Act will set out the fundamental principles that will inform the new Lower Courts Act that will replace the Magistrates Courts Act, as well as bringing the Specialised Courts in conformity with the single judiciary principle.
Initially we had intended to include certain amendments through which we sought to harmonise the magistracy with the judiciary as a way of advancing the ideal of a single judiciary. I would like to thank the Justice Portfolio Committee for its guidance that instead, we come up with a separate legislation that aims at the wholesome transformation of the magistracy and to ensure its full integration into the judiciary.
This envisaged legislation, which will repeal the out of sorts Magistrates Courts Act of 1944, will mirror the Superior Courts Bill in all respects. We have started to engage with the Lower Court judiciary and the Magistrates Commission to commence the process of drafting the Lower Courts Bill, which I hope to take to Cabinet and introduce into Parliament soon after the enactment of the Superior Courts Bill by this House.
Other than setting the broad framework for all courts, the Superior Courts Bill imports two fundamental principles, namely, it sets out the framework for the implementation of the constitutional-mandated rationalisation of the courts; and, secondly, it paves the way for the judiciary led court administration. Regarding the former, Honourable Members will recall that the Constitution has converted the former Provincial and local Divisions of the former Supreme Court into various High Courts thereby implying that every province could have its own High Court.
A system of establishing several High Courts in different provinces within a single judicial system not only imports federal characteristics which are not compatible with single judiciary and features of our unitary state, but defeats endeavors to establish collective leadership which is indispensable for an effective judicial system.
The Superior Courts Bill therefore provides for the reconfiguration of the various High Courts into a single High Court constituted by various divisions established at different seats in each province. This will enhance access to justice for people in remote areas of the country. The apartheid boundaries of the High Court system have not been abolished and remain intact. It is important to remind ourselves of the reality that the provisions of the Constitutions of the TBVC Bantustans, as they were called, remain part of our law, 18 years into democracy.
It is only through the enactment of the Superior Courts Bill that the remnants of our evil past can finally be removed from our statute books and from the minds of our rainbow nation. It is for this reason that the Superior Courts defines a new era in our judicial land scape and its further delay will continue to paint a black spot in our endeavor to transform the judicial system that is embraced by all our people.
The establishment of the Limpopo and Mpumalanga High Court which is the anxiously awaited by the people in the two provinces is the consequence of the enactment of this Bill. In anticipation of the enactment of this Bill the magnificent seat of the High Court in Polokwane is nearing completion and we have obtained land in Nelspruit for the construction of the seat of the High Court in the Mpumalanga province. The discussion with the Nkangala District Municipality for purposes of obtaining land in the Nkangala District Municipality to alleviate the pressure of long distances to access the court in Nelspruit are also at an advanced stage.
Much has already been said about the Superior Courts Bill being a precursor to the similarly awaited judiciary-led court administration. The detail of this court administration framework will be spelt out in the subsequent legislation which we aim to submit to Cabinet and eventually introduce into this House sometime in 2013.
Speaker,
The Superior Courts Bill brings far-reaching changes to our Labour Court dispensation. The Labour Court and the Labour Appeal Court, since the enactment of the Labour Relations Act of 1995, been functioning in a manner that does not resonate with our independent character of our judicial system. Judges of the Labour Court and Labour Appeal Court had, unlike judges of the other Superior Courts, are appointed for a fixed term and do not enjoy the same security of tenure as other judges.
This leads to an unsatisfactory state of affairs which results in high turn-over of judges in the Labour Court as new judges had to be appointed after the expiration of their fixed term. With the enactment of this Bill, this will become a thing of the past, and judges of the Labour Court will henceforth be appointed on similar terms and conditions as other judges of the High Court. I will like to thank the Heads of Court, in particular former Judges President of the Labour and Labour Appeal Court, Justices Zondo and Mlambo for their contribution towards their realisation of this goal.
I am hopeful that the Judicial Service Commission will continue to work closely with National Economic Development and Labour Council (NEDLAC) to ensure a smooth transition into the new appointment dispensation for Labour Court and Labour Appeal Court. I will like to thank my colleague in the Ministry of Labour, Minister Olifant and her Department for their corporation and insight in our collective endeavor to ensure the effectiveness of our judicial system over labour disputes. These changes will ensure that our Labour Court is adequately resourced to respond to the emerging challenges such as those that we have witnessed in the mining and farming sectors in Marikana and De Doorn recently.
In the similar vein, we are engaging with the Judges President in relation to the Land Claims Court with a view to adapting the Land Claims Court to the principles enunciated in the Superior Courts Bill. I will soon be engaging with my colleague in the Rural Development and Land Reform department to discuss the proposed changes to the dispensation of the Court with a view to ensuring an effecting adjudication of land disputes.
It is of significance that these changes happen at the time as we seek to redress the legacy of the notorious Land Act of 1913. While we are 2013 will mark a century since the enactment of this brutal law, not much has changed in land ownership as many of our Black majority continue to suffer the consequences of the legacy of deprivation and displacement in the land of their birth perpetuated by this Act.
The Superior Courts Bill which we adopted early this week and the accompanying Superior Courts Bill set the parameters for the consolidation of our judicial reforms. They are the blueprint and road map to judicial Freedom which the actors in the judicial system and the beneficiaries of the system are yearning for.
With these comments I open the debate on this important Bill.
