Programme director
Members of Parliament, Honourable M Gungubele and Honourable JB Sibanyoni
Members of the Judiciary, Chief Magistrate Loots
Representatives of the Law Society of South Africa
Representatives of the Bar Council
Representatives of the Swiss Agency for Development and Corporation
Members of the Small Claims Courts Steering Committee
Representatives of Legal Aid SA
Representatives of Justice Colllege, Mr J. Mach
Representatives of ENS, Piet Faber and Mzi Mgudlwa
Political parties and Veterans of the struggle
Members of civil society organisations
Departmental staff
Comrades and friends in the struggle to promote access to justice
It is a great pleasure to be with you on this important occasion. Let me also convey the warm regards and best wishes of the Minister of Justice and Constitutional Development, Mr Jeff Radebe who since Monday has been acting President of the Republic of South Africa.
Today marks an important moment in the history of Small Claims Courts in South Africa. It is also significant milestone in our quest to ensure access to justice for all South Africans.
We celebrate three things today:
Firstly, the launch of the Alexandra Small Claims Court;
Secondly, the launch of Practical Guidelines for Commissioners and Clerks of Small Claims Courts which enable us to offer structured legal education and training to them; and
Thirdly, our continued partnerships to expanded and strengthen the functioning of Small Claims Courts, thereby assisting to promote access to justice.
Significantly, we are celebrating these things on Africa Day, 25 May, the day on which, 57 years ago in 1963, the leaders of 30 of the 32 independent African states signed the founding charter of the Organisation of African Unity (OAU) in Addis Ababa, Ethiopia.
It is also significant that we are celebrating these things in Alexandra, a place that has a history of suffering and poverty, but also a rich tradition of organisation and resistance. A place which was home to Nelson Mandela in the 1940s when he was a leader of our national liberation movement as well as a young lawyer defending the rights of the oppressed.
A year ago Minister Jeff Radebe launched the new office of Edward Nathan Sonnenbergs Law Firm here in Alexandra. On this occassion he said that, “(the) important question that arises is whether the legal needs of all sectors of our society, including the community of Alexandra, are being adequately met. It is a fact that when our people are faced with legal problems, the justice system doesn't always come to mind. A person may not be thinking about the justice system when a debt collector is at a door step. This means that how we meet the legal needs of our people is the responsibility that government and the legal profession at large must shoulder. And the approach should start well before our people find themselves in the intimidating surrounds of a courtroom. As we take forward the reforms to improve access to justice, we should therefore explore ways in which members of our poor communities can have access to legal advice without having to travel to cities like Sandton or Johannesburg. The opening of the Edward Nathan Sonnenbergs law firm offices here in Alexandra came at a time when the improvement of access to justice is part of our agenda as government.
He went on to highlight a number of government initiatives aimed at improving access to justice. Firstly, the building and improving of court facilities in previously disadvantaged areas. Secondly, the designation of magisterial districts as equality courts in order to improve access to justice. Thirdly, creating capacity in our courts, for indigenous languages so that all our 11 official languages are utilised in our courts.
Fourthly, the conversion of branch courts into full services courts so that our people do not have to travel long distances to courts to access services. Lastly, improving the delivery of free legal services within our community.
Ladies and gentlemen, 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 livelihoods, 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.
In recent years, we have faced the tremendous challenge of developing and adapting our law to bring it in line with our Constitution which reflects democratic values and a Bill of Rights which prioritises the protection of human rights. However, the rights enshrined in the Constitution would be hollow and empty if the people of the country could not enforce them. Ladies and gentlemen, the role of Small Claims Courts is crucial in this regard.
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 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 000.00.
This jurisdiction of R7 000 was last determined in 2004. However, consultations are underway to increase this amount to between R10 000.00 and R15 000.
In this regard, we are in good company internationally. We 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$ 11000 and Federal Small Claims Court up to 40 minimum salaries.
The Honourable André Gomma de Azevedo, State Judge, State Court of Bahia, Brazil, illustrates the success of 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.
This is something we in South Africa will be exploring in our criminal and civil justice system reviews. During the Justice Budget Debate on 5 May this year we indicated that one of our objectives is to ensure that there is at least one functioning and active Small Claims Court in each and every one of South Africa's 384 magisterial districts.
We are just over the half-way mark. Today, we have 206 functioning Small Claims Courts. Of these, 17 were added since January 2009. The proclamation of a further 3 is imminent. 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. We are well on track to meet these targets. With the launch of the Alexandra Small Claims court we have established 11 courts since April, one sixth of our target in one sixth of a 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 Puthaditjaba, Botshabelo and Jacobsdal have been targeted and, in the Northern Cape, Courts will soon be up and running at Barkly West, Port Nolloth and Garies. I am pleased to announce in this regard that we aim to establish by proclamation on Friday 4 June 2010, 3 new Small Claims Courts at Barkly West, Jacobsdal and Balfour.
Special attention has been given to those 15 branch Courts which were designated as Full Service Courts with effect from 11 August 2009. Namely: Motherwell, Tembisa, Madadeni, Tiyani, Ekangala, Groblershoop, Keimoes, Kakamas, Jan Kempdorp, Pofadder, Kathu, Khayelitsha, Atlantis, Daveyton and of course Alexandra. These are all located in what under apartheid classified as black areas.
We will engage in an ongoing campaign to familiarise various roleplayers with Small Claims Courts and popularise their usage amongst as many people as possible. We are working to strengthen partnerships with civil society organisations, Law Societies, SAHRC, Legal Aid South Africa, 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."
The 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. 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. I express our sincere appreciation for that.
Ladies and gentlemen, today we are able to reinforce the efforts of the 1096 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.
The first three day training session for Commissioners of Small Claims Courts, was held last week in East London. Clerks of the Small Claims Court are being trained on a continuous basis by the Justice College.
Although all Commissioners have at least five years practical experience as lawyers they, unlike the old dog of the proverb, are always capable of mastering new tricks, especially in the field of civil law.
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).
We are deeply indebted to a number of partners who have strengthened our conviction that we can do more by working together. In South Africa there are a number of bodies that are involved in the delivery of access to justice such as Legal Aid SA, the organised legal profession, the University Law Clinics and NGOs. Many of the larger attorneys’ firms have their own public interest law departments.
We wish to also extend our appreciation for the partnership that we have enjoyed with the Swiss Confederation, through the Swiss Agency for Development and Cooperation. Since 2007 they provided a grant of R4,5 million to assist in the implementation of the National Action Plan to re-engineer and transform our Small Claims Courts.
The Department of Justice and Constitutional Development, in turn, has provided an in-kind contribution by way of operational costs of not less than R3.101 million during the applicable three year period. The Swiss involvement in this project aims at complementing the transformation process of the justice system and the strengthening of democracy in South Africa. The project is being evaluated at present with a view to extending it for another three year term. We commend the Government of Switzerland for its ongoing support for and commitment to this project.
We also wish to acknowledge the important role played the Law Society of South Africa through their training division (LEAD). We thank them for their commitment to assist in future training by providing, amongst 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 and the public. The role played by the Regional Heads and the staff at the regional offices of the department is much appreciated.
I would like to echo the words of the Minister last year when he acknowledged the efforts of the Edward Nathan Sonnenbergs Law Firm with the opening of their office here in Alexandra. Your willingness to provide facilities for use as a Small Claims Court here as well as the offer by your staff to act as Commissioners is truly praiseworthy. We congratulate and thank you for this and call on all in the legal profession to emulate this example.
We look forward to a continued participation of all lawyers and law firms and civil society and hope that they will continue to play a full part in our efforts to improve access to justice for all. South Africa has a long and proud history of engagement in voluntary legal service. During the apartheid era lawyers who including the another time resident of Alexandra, Nelson Mandela actively challenged the racist and oppressive laws of the time often did so on a pro bono basis.
Former Chief Justice Pius Langa, a long serving community activist and pro bono practitioner repeatedly emphasised the necessity of access to justice in making Constitutional rights a reality. He stressed that access to justice is key to our Constitutional democracy, and that it, “becomes an empty gesture and makes a mockery of the Constitution, if it is not backed by mechanisms that are adequate for the enforcement of the right.”
The consequence of access to justice would be to facilitate the enjoyment of other fundamental human rights by the greatest number of people in our country.
In this regard courts such as the Alexandra Small Claims Court can play a vitally important role. It is with joy that I declare it officially opened.
I would also hand letters of appointment to the Advisory Board members and certificates to the new Small Claims Court commissioners as well as Small Claims Court ties and scarves as small tokens of our appreciation.
I would also make available signed copies of the new training guidelines to inter alia Justice College, Legal Education Development (LEAD), Legal Aid South Africa (LASA), and the SDC.
I thank you.
Issued by: Department of Justice and Constitutional Development
25 May 2010
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