Programme Director
The Honorable Acting Executive Mayor, Cllr Dorcas Mboyi
The Honourable Chiefs
Honorable Councillors
Honourable senior traditional leaders
Commissioner for Small Claims
The Regional Head, Ms W Sonti
Members of the Judiciary, Prosecuting Authority and Legal Aid SA
Officials from the Justice Family and representatives from other Government Departments
Ladies and Gentlemen
Comrades and Friends
Ndaa
Avusheni
Thobela
Goeie more
Good Morning.
I am honoured to be with you on this important occasion of the official launch of the Small Claims Court for Tshitale. Let me also convey to you the very warm regards and best wishes of the Minister of Justice and Constitutional Development, Mr Jeff Radebe. He supports this programme 100% as a programme of the department to ensure access to Justice.
The Small Claims Court for Tshitale was established on 16 March 2012 through Government Notice No. 223/12, and has being functioning since then – though I have been informed only a few cases have yet been registered (8). Thirteen further cases are in process. This is one of the reasons why we are here today so that people of this area can be made aware of the purpose of a small claims court, how it functions and its benefits and help people use the court.
It is only when people understand the purpose and the procedure of our various courts and are able to participate and communicate in a meaningful way, preferably in their own language, that they are truly empowered to make an informed decision on the legal route they wish to follow, more especially in civil matters.
I therefore trust that after today’s official launch and public participation programme, we will all be ready and empowered with the knowledge to spread the word on small claims courts.
It is significant, that this Small Claims Court in Tshitale situated in the local municipality of Makhado, which forms part of the Vhembe District Municipality, is being opened in this year, 2012.The same year that we celebrate the centenary of our people's movement, the African National Congress. It is in this year that we celebrate the history of our proud leaders like King Makhado.
Ladies and Gentlemen, it is in the spirit of these heroic leaders that we gather here in Thsitale to officially open a Small Claim Court for this area.
We have one of the best Constitutions in the world. A Constitution that sets out the kind of country we want, united in diversity and based on democratic values, social justice and fundamental human rights. The challenge that we all face is to ensure that we make it a living document. Access to Justice is at the heart of the enforcement of the rights in the Bill of Rights.
President Zuma, on the occasion of the 3rd Access to Justice Conference on 8 July 2011, emphasised the right to Access to Justice as a fundamental right and a pillar of a free and equal society.
Programme Director, today marks another milestone in our quest for access to justice and to ensure that small claims courts are rolled out to each and every magisterial district (387) in the country. To date, we have established Small Claims Courts in 249 magisterial districts and are working hard to establish Small Claims Courts in other 139 magisterial districts. This morning we have Gazetted Koster as the 249th Small Claims Court for North West. Next Friday we will proclaim Fort Beaufort (Eastern Cape), followed by Westonaria in Gauteng – making it the first province in the country to have Small Claims Courts in all their magisterial districts- and Motherwell (Eastern Cape).
There are currently 28 Small Claims Courts in Limpopo. This means that there are 8 magisterial districts in Limpopo which still need fully established Small Claims Courts. The Regional Office of Department of Justice and Constitutional Development (DOJCD) are earnestly at work to ensure that Small Claims Courts are established in the remaining magisterial 8 magisterial districts by the end of this year.
The establishment of Small Claims- and other Courts will, of course, be meaningless and of no value if the users of the courts are not made aware of the Court’s existence, informed of their rights in a language that they understand, and the procedure to follow, should they want to make use of its services. It is for this reason that we are all duty bound not only to spread the word on small claims, but also to ensure that we provide the users with the necessary tools (the knowledge) to enforce their rights. We have also developed and translated information about Small Claims Courts into all 11 languages and are placing it onto the department’s website.
We call on you today who have today heard how a Small Claims Court work and what claims can be dealt with, to share that knowledge with others; share it with your neighbours, your societies, clubs, churches and with all community members. Tell them there is a now a Small Claims Court in Limpopo at the 28 places proclaimed, including here at Tshitale. Tell them there is a clerk to assist them. Tell them you do not need a lawyer. Tell them the court sits on Fridays during the day, so you do not travel in the evening. It is in this way that Government helps people to have improved access to justice.
We urge everyone to listen to radio programmes as part of the department’s communication programme, we are currently running the Justice on the Airwaves programme on 11 Radio Stations (SABC) in all the official languages. Through these communication programmes we also promote initiatives such as the Small Claims Courts.
Programme Director,
The establishment of small claims courts in all the magisterial districts is but one of the important goals in the department’s strategic plan towards ensuring access to justice. The department’s Court Services’ programme, which entails the construction of new courts buildings and fixing courts in the realisation of our goal of taking justice to the people. Of special importance for the people of the Limpopo Province is the establishment of the Limpopo High Court, scheduled for completion in March 2013.
This new High Court in Polokwane, together with the Mpumalanga High Court in Nelspruit will complete this Government’s commitment to establish High Courts in each of the nine Provinces, thereby bringing justice closer to the communities it must serve. It will also serve as a further nail in the coffin of the policy of the apartheid regime of segregation of the past regime that characterised the defunct Bantustans and self-governing states.
Of the 90 Branch Courts country-wide, 18 have been proclaimed as full services courts thereby ensuring that the revamped courts are capable of providing civil and family law services, including maintenance and small claims courts to communities living in their proximity. The proclamation of a further 6 branch courts as full services courts is scheduled for the remainder of this financial year.
Government through the Justice Crime Prevention and Security Cluster is working hard to ensure that All in South Africa are and feel safe. We have made strides in the reduction of serious contact crimes such as murder and robbery with aggravating circumstances, However, an increase in sexual offences where our children are the victims of terrible crimes, remains a matter of great concern for Government. We are committed to work in partnership with the police, the social workers, the health officials and the prosecutors in sharing information that is very often so vital in a successful prosecution as it is only through working together that we can do more to fight crime and corruption.
Ladies and Gentlemen
In conclusion, with the establishment of your Small Claims Court in 16 March 2012, an Advisory Board was also appointed. An Advisory Board is usually established to advise the Minister and me on the functioning of the Court. The Advisory Board will also approach me regarding the appointment of Commissioners and any challenges the Court may experience. I thank them for their service and in particular the following persons who are currently the members of the Advisory Board:
1. Mr N M Munyai (Chair) (Magistrate
2. Ms N G Lebese (Vice Chair)
3. Ms M S Marema
4. Mr E M Makhadi
5. Mr M C Rapetsoa
I also thank all justice officials for making the court operate smoothly.
This court is currently ably served by one Commissioner, Mr E M Makhadi (LASA), who in the spirit of service to the community also volunteered to serve as a Commissioner for Small Claims Court. We thank him for his services and call on other attorneys of the area to also become involved in the Small Claims Courts as Commissioners. We thank them all. Their services are sincerely appreciated.
Our appreciation to the Executive Mayor for receiving us so warmly here today. Also our gratitude to the local authority and traditional leaders for their assistance and to partner with the Department of Justice and Constitutional Development to ensure everyone knows about this Small Claims Court and have access to its services.
I now have the pleasure of officially declaring the Tshitale Small Claims Court open.
May justice truly prevail in this Court.
I thank you.
