Programme director
The Chief Magistrate, Mrs Gqiba
Other members of the judiciary
Representatives of the Law Society of South Africa
Representatives of the Bar Council
Distinguished guests
Ladies and gentlemen
Colleagues in the promotion of access to justice
It is great pleasure to be with you on this important occasion. Let me first convey the kind regards of the Minister of Justice and Constitutional Development, Mr Jeff Radebe, as well as best wishes for a successful workshop. This is, indeed, an important moment in the history of Small Claims Courts in South Africa and significant milestone in our quest to ensure access to justice for all South Africans. Today marks the start, for the very first time, of structured legal education and training for Commissioners of Small Claims Courts.
Commissioners of Small Claims Courts have delivered an excellent service and made an outstanding contribution to promoting access to justice. They have done so on a voluntary basis, without any compensation. Their only compensation has been the richly rewarding knowledge that they have served their country, that they have served the cause of justice and that they have worked together with others to create a better life for all their fellow human beings.
Our country needs more women and men like these. Men and women who are imbued with a burning passion to serve justice, who are prepared to go, not only one but many, an extra mile to serve the nation. Your example is commendable. You do the legal profession proud. You are an example not only to others in the legal profession, but to society generally.
And we call upon all those legal practitioners who have five years or more of experience to follow this example by making themselves available to preside in Small Claims Courts.
In this regard, we commend the decision, by Legal Aid South Africa, to encourage those of its employees who qualify, to serve as Small Claims Court Commissioners on a pro bono basis. A number of the 377 practitioners employed by Legal Aid South Africa, who qualify, have already been appointed as Commissioners.
Colleagues, today we are able to reinforce the efforts of the 1 078 Commissioners of Small Claims Courts by providing education and training for both Commissioners as well as Clerks. This will assist in promoting uniformly excellent service to the public through our Small Claims Courts.
We are pleased to announce that processes are underway to accredit these Small Claims Court Courses with the Skills Education Training Authorities of South Africa (SETA).
Today marks yet another milestone in the development of Small Claims Courts. We have come a long way since 1983 when the Hoexter Commission recommended consideration of introducing alternative dispute mechanisms as a method to extend access to justice. A long way since the introduction of Small Claims Courts in 1984 through the enactment of the Small Claims Courts Act (Act No. 61 of 1984).
Small Claims Courts are a powerful mechanism to provide access to justice, especially to the poor. These courts are based on speed, simplicity and cost effectiveness. They are created to eliminate the time-consuming adversarial procedures before and during the trial. No legal representatives are required or allowed to appear on behalf of the litigants in these courts. They are important mechanisms which provide a forum for the resolution of civil disputes of up to R7 000.
This jurisdiction of R7 000 was last determined in 2004. However, consultations are underway to increase this amount to between R10 000 and R15 000.
Colleagues might be interested to know that, in this regard, we are in good company internationally. Colleagues can be proud to know that they are part of a growing international movement for strengthening and expanding Small Claims Courts.
Brazil, a country with which South Africa has very close ties, both bi-laterally as well as multi-laterally through the India, Brazil, South Africa Forum (IBSA), has a very dynamic system of Small Claims Courts in which jurisdiction is defined in terms of their nationally determined minimum salary.
Currently Brazilian State Small Claims Courts have jurisdiction to hear matters of up to 20 minimum salaries, US$ 11.000,00 and Federal Small Claims Court to a US$ 17.000,00 limit.
The Honourable André Gomma de Azevedo, State Judge, State Court of Bahia, Brazil, illustrates the success of the Small Claims Courts there: "The small claims court innovation both on State and Federal levels is arguably the most successful public policy directed towards the improvement of Access to Justice in Brazilian history.”
In fact the Brazilian Small Claims Courts are considered a ‘procedural revolution’ in their country as a result of the way they deal with matters in an informal and speedy manner. The Brazilian Small Claims Court also promotes a strong incentive towards conciliation and mediation. They consider that by enabling the parties to understand each other's perspective, mediation can be used as a means of improving social relations even humanising the dispute resolution process.
Under the transformative approach, the mutually agreeable settlement is a secondary effect, the main objective of transformative mediation is to promote empowerment and recognition, enabling them to develop new and more efficient skills for dispute resolution.
This is something we in South Africa will be exploring in our criminal and civil justice system reviews. Also agreeing with us about the importance of increasing the jurisdiction of Small Claims Courts is Honourable Felix Collins, the Minister of Justice in Canada, who said that, “By increasing the monetary jurisdiction of this court, we are allowing individuals with claims to be heard in a manner which will be of lower cost to them.”
He went on to emphasise this point by saying that, “Access to justice is an important principle in … society and the amendment brought forth to the Small Claims Act and regulations should ensure greater access to the courts.”
Dear colleagues, the issue of access to justice remains central to the programme of our democratic government.
In his 2010 State of the Nation Address President Jacob Zuma again stressed five national priorities. These are the creation of decent work and sustainable livelihood, education, health, rural development and food security as well as the fight against crime and corruption. These priorities are mutually dependent and reinforcing. They require united action by all of us to achieve. The question of access to justice is central to the realisation of these goals.
During the Justice Budget Debate on 5 May this year we indicated that our objective is to ensure that there is at least one functioning and active Small Claims Court servicing the community in each and every one of South Africa's 384 magisterial districts.
As we speak, we are just over the half-way mark. We have 202 functioning Small Claims Courts. Of these 14 were added May 2009. The proclamation of a further seven is imminent. We also appointed 19 new advisory board members and 112 Commissioners. We aim to establish an additional 60 new Courts by the end of the 2010 financial year and a further 60 by the end of the 2011 financial year.
Significantly, and in keeping with our objective of ensuring access to justice, most of these newly established Courts will be in rural areas. In the Free State, the areas of Phuthaditjhaba, Botshabelo and Jacobsdal have been targeted and, in the Northern Cape, Courts will soon be up and running at Barkley West, Port Nolloth and Garies.
Special attention is also being given to those fifteen branch Courts which were designated as Full Service Courts with effect from 1 June 2009, namely: Motherwell, Tembisa, Madadeni, Tiyani, Ekangala, Groblershoop, Keimoes, Kakamas, Jan Kempdorp, Pofadder, Kathu, Khayelitsha, Atlantis, Daveyton and Alexandra. These are all located in what the topography of apartheid would have classified as black areas.
Outreach awareness campaigns to popularise the usage of these courts are also being promoted as well as referrals of cases to the courts by civil society, various pro bono organisations, legal aid clinics and lawyers. In this regard we have already started to meet with relevant role players at various foras.
We will have at least three Consultative Workshops during the current financial year with a view to familiarising them with Small Claims Courts and popularising the usage of Small Claims Courts in South Africa. Critically important is to strengthen partnerships with civil society organisations, including Foundation for Human Rights, Law Societies, South African Human Rights Commission (SAHRC), Legal Aid Board, General Council of the Bar, Law Faculties of universities, law firms and legal aid clinics.
We also made a call to all Members of Parliament to assist us in speeding up the establishment of Small Claims Courts by heeding the call: "One Constituency, One Small Claims Court."
Not only will partnerships and popularisation be the focus of our work on these courts, but also the current challenges relating to Small Claims Courts such as inactive advisory boards, improving the support to commissioners as well as security issues. Media briefings will be held after the workshops to raise the profile of the Small Claims Court and to educate the public.
In conclusion, let us express, once again, our sincere appreciation to the commissioners who work tirelessly to make access to justice a reality especially for the poor.
We thank all those who decided to take time from their very busy schedules to attend this training and we are convinced that this training course will assist in further improving your capacity to execute and carryout your duties as presiding officers in these courts. We are deeply indebted to a number of partners who have strengthened our conviction that we can do more by working together. We wish to extend our appreciation to the Swiss Development Agency for its support, financial and technical, as well as it ongoing commitment.
We also wish to acknowledge the important role played by the Law Society of South Africa through their training division (LEAD). We thank them for their commitment to assist in future training by providing, among others, their excellent facilities for the conduct of training.
We also express appreciation to the Justice College for its efforts in ensuring that administrative clerks of the Small Claims Courts are trained to be able to provide effective and efficient support to the Commissioners.
I thank you.
Issued by: Department of Justice and Constitutional Development
20 May 2010
