Programme Director
The Judge President of KwaZulu Natal and various Heads of Court\
Inkosi Chiliza of the Provincial House of Traditional Leaders
KZN Small Claims Court Heads
The representative of the Swiss ambassador, Mr Strub
Representatives of various stakeholders,and civil society
Officials from the Department of Justice and Constitutional Development
Representatives of SAPS and various other government Departments
Colleagues and friends,
Programme Director,
It is indeed a pleasure and a privilege for us as the Department of Justice and Constitutional Development to be here this evening and to be able to congratulate and honour those Small Claims Court Commissioners who have made access to justice a reality to our people. Minister Jeff Radebe has requested me to convey his sincere apologies as he had to fly back to Johannesburg this afternoon to attend to urgent unforeseen government matters.
Let us be mindful of the fact that we are in the middle of the 16 Days of Activism of No Violence against Women and Children Campaign. The department has a constitutional mandate to protect and promote the rights of vulnerable groups and drawn from this mandate is the vision of the department to establish a ‘transformed and accessible justice system, which promotes and protects social justice, fundamental human rights and freedoms.
In our mission, we ‘commit to providing transparent, responsive and accountable justice for all.’ One of the ways that we can achieve these goals is through the establishment of Small Claims Courts throughout the country.
This morning we officially launched the new SCC for Camperdown. Small Claims Courts are our “frontline courts”, courts that are at the very coalface of our people’s need for an accessible and user-friendly justice system.
Novelist James Baldwin is correct when he writes: “If one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected--those, precisely, who need the law's protection most--and listens to their testimony.” It is important that we serve the vulnerable in our society, the poor and previously marginalised, and ensure that they have access to justice.
It is crucial that justice is not only done, but as the saying goes, is manifestly seen to be done. Small Claims Courts are an integral part of the broader justice system and a vital component in building trust and public confidence in our courts and the justice system as a whole. If members of the public feel confident that they can approach Small Claims Courts and that the matters will be heard in an impartial, professional and efficient manner, it creates trust and confidence in our entire justice system.
It is with a sense of gratitude and humility that we are gathered here tonight to recognise the tireless efforts by Small Claims Court Commissioners in ensuring that the principle of access to justice does indeed find expression in our communities. Small Claims Courts play an extremely important role in ensuring that the principles of justice reign supreme, even amongst the poorest of our communities by giving free access to justice to have certain disputes resolved.
As many of you know, some of our courts already have various case backlogs and one can imagine how frustrating it would be to be involved in cumbersome litigation, for a small claim, in an already congested court. However, that claim for a small amount can further contribute to the congestion of our courts, but at the same time that small amount is of the utmost importance to the poor person whose next meal or livelihood depends solely on the small amount that is being claimed.
Therefore today is an important occasion to highlight the very noble services rendered in our Small Claims Courts by the Commissioners and as they provide pro bono services, not only to the Department of Justice and Constitutional Development, but also to the ultimate recipient of these services, members of the public.
We recognise the instrumental role played by Commissioners who are the backbone of these courts. Without the Commissioners of the Small Claims Courts, it would be impossible for Small Claims Courts to exist or to function as efficiently or as cost-effectively as they do.
Lawyers and law academics in KwaZulu-Natal played an immeasurable role in the establishment of Small Claims Courts and the training of commissioners during the inception years. Pilot Small Claims Courts were established at the Universities in KZN (Durban and Pietermaritzburg) and the law clinics at those universities assisted applicants with preparing their claims. Professors David McQuoid-Mason and Ellie Newman trained the first group of Commissioners for KZN in the Moot Court at Howard College. I have been informed that the University of Natal claimed to have conducted the first Small Claims Court sitting in the country - although this was hotly contested by UNISA!
For those who are perhaps not aware, legal stalwarts such as Justices Yacoob and Tshabalala have also served as Commissioners in KZN.
The Small Claims Courts Act of 1984 confers on the Minister of Justice and Constitutional Development the power to establish or discontinue any Small Claims Court. Currently the functions of the Minister relating to Small Claims Courts have been delegated to the Deputy Minister.
The first seven (7) courts were established way back on 1 October 1985, in Durban, Bloemfontein, Pietermaritzburg, Pretoria, Port Elizabeth, Rustenburg and Springs. By the advent of democracy in 1994 there were 120 but mainly in the urban areas. Since then, we have established an additional 164 new Small Claims Courts of which 94 were established since the last elections in April 2009. Today we have 284 Small Claims Courts all over South Africa with additional courts being established on a continuous basis.
We have recently successfully launched various new Small Claims Courts, such as in Balfour in Mpumalanga, Bloemhof in North West, Botshabelo in the Free State, Tshitale in Limpopo, Modimolle in Limpopo, Fort Beaufort in the Eastern Cape and in the Protea Magistrates Court in Soweto in Gauteng.
Currently there are 37 Small Claims Courts in Kwazulu-Natal, and last year we also opened Small Claims Courts in Ntuzuma and Glencoe here in KZN, and another 2 Small Claims Court have been approved for Melmoth and Nqutu. Nationally 21 new Courts have been established since 1 April 2013 and another 8 have already been approved.
The main challenge in establishing new Small Claims Courts is getting practitioners who are willing to assist as Commissioners. The department is therefore very appreciative of the fact that Legal Aid SA and the Law Society of South Africa are encouraging its employees and members to assist in this regard and this has been very successful.
It augers well for Small Claims Courts that some of our Magistrates have also indicated their willingness to be appointed as commissioners and I am very pleased to inform you that I have recently appointed the third magistrate as commissioner in Small Claims Courts, with more appointments to follow.
The Small Claims Courts usually sit after hours and these Commissioners assist on a voluntary basis, without any compensation. Their only compensation is the richly rewarding knowledge that they have served society and the cause of justice and created a better life for our people. These are men and women who are imbued with a passion to serve justice and who are prepared to go the extra mile. They are an example, not only to others in the legal profession, but to society at large.
It will be amiss of me if I do not acknowledge the challenges faced by Commissioners in the fulfilling their duties. It is of the utmost importance that the Regional Heads, the Court Managers, the Clerks of the Court, the Court Interpreters and other officials play an active and hands-on role in ensuring that Commissioners receive the necessary support. Continued communication by officials from the DOJCD with the Chairpersons of Advisory Board and Commissioners is essential.
Commissioners are, after all, fulfilling a judicial function and should be afforded the necessary support and respect! It is for this reason that I encourage magistrates and court managers to form part of the Advisory Boards so that any challenges can be discussed and addressed there and then without any delay. Adv Hollis, SC, the Chairperson of the Advisory Board for Small Claims Court in Durban has written to me, raising a number of concerns regarding the daily challenges facing Commissioners, as well as on issues relating to the training of Commissioners and court officials.
I have requested the Department to attend to these concerns and I will, in addition, also request a meeting with Adv Hollis and some of the other commissioners in KZN that have communicated to me and the Department, to take place early next year.
A matter that has elicited diverse responses from Commissioners is the issue of robing of Commissioners. Although some of the Law Societies are in favour of robing, many of the Commissioners, including attorneys are not. In view of the fact that Commissioners are providing a voluntary service it should be left in the discretion of the Commissioner, whether or not he or she wants to robe. I have therefore requested the department to issue a circular in this regard so as to ensure that Commissioners who are robing, do so without any hindrance.
I am also pleased to inform you that Parliament recently approved a legislative amendment that will allow a Commissioner who has been appointed in a Small Claims Court, to also preside in any other Small Claims Court within that province. Parliament will now submit this amendment to the President for enactment.
Ladies and gentlemen, this evening we will have the opportunity to recognise and present the long term service certificates and awards. The awards are made in the following categories: 10 to 15 years of service: Blue; 16 to 25 years: Silver and more than 25 years: Gold.
In KwaZulu-Natal, there are 242 appointed Commissioners. Of this total, 99 Commissioners have more than 10 years of service. Of the 99, there are 42 who have between 16 and 25 years of service and will receive the Silver Certificate, while 57 have between 10 and 15 years of service and will receive the Blue Certificate.
These certificates are our token of deep appreciation for your sterling work, which is a priceless service to humanity. Your pro bono services give us the hope that amongst us the spirit of service to humanity lives on, emulating the many compatriots who tireless fought to ensure our freedom and democracy. Your work is confirmation that we will leave no stone unturned to achieve justice for all.
Programme Director,
Tonight really is all about the Commissioners. Indeed South Africa is today a better place than it was in 1994. Much of what we have achieved as a nation is due to people going the extra mile, due to such tireless efforts, such as the pro bono services that these Commissioners continue to render to the department and to all our people without any financial reward. The history of our constitutional democracy will be incomplete without their noble contribution towards its strengthening.
Small Claims Courts have brought justice closer to our people. Without the dedication and commitment of the Commissioners our Small Claims Courts would simply not be able to function. So to them we say thank you. May our Small Claims Court, and our entire justice system, continue to serve our people and ensure justice for all.
I thank you.
