Programme Director
Judge President of the North and South Gauteng High Court, Judge President Hon Dunstan Mlambo
Mr M Croukamp, Acting Head of the Palm Ridge Court
Members of the Judiciary
Members of Justice Portfolio Committee of the National Assembly present
Councilors present
Members of the media
Distinguished Guests
Ladies and Gentleman
It is with great honour and privilege that I stand before you today on the occasion of unveiling the new court of Palm Ridge for the magisterial district of Alberton in the Ekurhuleni metro.
We have converged here today just a stone’s throw from the old historic town of Alberton which celebrated its centenary in 2005, to come and witness the expansion of our court infrastructure in our quest to take justice to the people. This magnificent building bears testament of the fruits of the 100 years of selfless struggle for freedom and justice. It is therefore not a coincidence that the opening of this court occurs at the same time that the African National Congress celebrates its centenary. It is an affirmation of the ANC-led government’s commitment to access to justice which is one if the fundamental values that underlie our constitutional democracy.
The opening of this court, the construction of which totalled R220 million, is part of the Department’s Infrastructure Programme which signifies our contribution to the elaborate infrastructure programme announced by President Zuma early this year. Let me publicly announce, as the Auditor-General will attest at the end of this current financial year, that the Palm Ridge project was completed on time and within budget. Other major constructions which we will also launch soon include the magistrates’ courts in Tsakane and Kagiso in the Gauteng province and Ntuzuma in the KwaZulu-Natal province which have been completed. Projects nearing completion include the Limpopo High Court which is at an advanced stage of construction.
I wish to thank the Department of Public Works which ensured that the workmanship in this project was of the highest standard. I also wish to extend my gratitude to my colleague in the Department of Public Works, Minister Thulas Nxesi for his unequivocal support in ensuring the success of this project and other capital projects which underscore our Government’s commitment to the restoration of human dignity and self-worth of all citizens.
Distinguished Guests,
The launch of this court occurs during an important time in our annual calendar when we recognise and acknowledge the role and sacrifices of women in the struggle against colonialism and apartheid. Whilst democracy triumphed over colonialism and apartheid through the selfless sacrifice by both men and women many of whom paid the ultimate price, the persisting triple challenges of inequality, poverty and unemployment threaten to erode the gains of our hard earned democracy.
The opening of this court and other events which are planned for the August Women’s month, including the Women’s Parliament which is sitting today, are in recognition of the contribution of women in the struggle for human rights and justice. The commemoration of Women’s Day on 9 August of each year and that of the Sixteen Days of No Violence against Women and Children, are not the only days of the year on which everyone, in particular men should be conscious and vigilant about gender equality and women abuse.
The days are, in the main, aimed at reinvigorating our gender-focused programmes and enable us all, including Government, to take stock of the strides we have made since the advent of democracy in advancing the rights of women and children. It is therefore opportune for me to reflect on the some of the measures we have undertaken in the Justice, Crime Prevention and Security (JCPS) cluster and the Justice family to echo the call that “wathint’ abafazi wathint’ imbokodo”.
The tireless efforts of the JCPS cluster of ensuring that All people in South Africa are and feel safe will become a reality only when every woman and every girl child can walk every street and corner of this country without any fear of being raped or sexually abused by men and other women. The JCPS cluster is taking a harsh and uncompromising stand against this heinous crime against women and children. After listening to the plea that I resuscitate the Sexual Offences Courts, which in the past have shown high conviction rates compared to the ordinary Regional Courts, I decided to establish a task team comprising the JCPS cluster departments to advise me on the desirability for reinventing these courts.
When I appointed the task team, I gave a deadline of the end of August this year for it to submit its report and recommendations. The deadline is not insignificant, but is with a view to ensuring that measures recommended by it form part of the holistic programme of action through which the cluster seeks to intensify its fight against gender-based violence. The number of 54 000 reported rape cases reported since the beginning of 2011 which I have alluded to during the opening of the Thuthuzela Care Centre in Empangeni this past week, is startling. I therefore urge all role players and the judiciary in particular, to join hands to rid South Africa of horrendous crimes which damage the country’s reputation both at home and internationally.
Programme Director,
The development of a judiciary-led case management system through which judicial offices take charge of case management is indispensable if we are to leverage efficiency gains in the justice system value chain. I have full confidence in Chef Justice Mogoeng’s endeavour to provide a solid foundation for the desirable judiciary-led case management system for application uniformly across all levels of our courts.
I am certain that an effective case management system and the case integration solution developed by the JCPS will both yield positive spin offs. The integrated case solution entails the electronic transmission of docket information from South African Police Service (SAPS) to Department of Justice and Constitutional Development (DOJ&CD) and the transmission of case outcomes back to SAPS.
The rollout of the system to 20 courts through which the information in the docket is transmitted electronically from 99 police stations has been implemented with much success. Furthermore, the video remand system, which is another important programme of the JCPS, will also strengthen the case management initiative. By postponing cases through video-link in deserving instances, valuable court time is used optimally, transport costs reduced and risks associated with transporting accused persons from correction centres to the courts minimised.
Programme Director,
I am pleased that the Portfolio Committee on Justice and Constitutional Development has prioritised the finalisation of the Constitution Seventeenth Amendment Bill and the Superior Courts Bill. The enactment of these two Bills will fundamentally change the face of our courts. Judge President Mlambo and Heads of the Magistracy who are in our midst will be keen to know that the effect of the judicial governance framework envisaged in the above Bills will provide for each Judge President to assume responsibility, in addition to the judges in his or her Division, over the lower courts’ judiciary within their division.This arrangement will not only ensure self-regulation by an independent judiciary, but is consonant to the doctrine of separation of powers embodied in our Constitution.
The three metros in Gauteng, namely Ekurhuleni under which this court resorts, Tshwane and City of Johannesburg, have a significant role in piloting and perfecting the proposed governance arrangements proposed in these Bills, the successful implementation of which will constitute a Blueprint for the other provinces. These Bills also pave the way for a new Lower Courts Act to be enacted in the place of the Magistrates Court Act of 1944 which is out of touch with the post 1994 constitutional dispensation. I am advised that that the department has started engaging with the Magistrates Commission and the magistracy to prepare for the institutional reforms in the magistracy which are long overdue.
Other important Bills which are before Parliament include the Legal Practice Bill and the Traditional Courts Bill. I am pleased that the Justice Portfolio Committee has acceded to the request by some in the legal fraternity to extent the date for public comments on the Legal Practice Bill. The extension provides opportunity for us and the legal profession to continue to engage with a view to “narrowing issues” in anticipation of frank, yet robust debates which are expected to commence soon.
In relation to the Traditional Courts Bill, the department’s law drafters have prepared a report that proposes amendments to certain clauses of the Bill. These changes are in response to the genuine and robust comments which were made by the various individuals and institutions on the Bill. I am confident that these changes will address all the concerns which were raised regarding the Bill.
I want to reassure all South Africans that there is no intention on our part, of undermining the Constitution and the Bill of Rights enshrined therein. The right to equality in the Bill of Rights guarantees substantive equality and calls for measures to redress the persistent gender imbalances and patriarchy entrenched through the many years of apartheid and colonialism. I am certain that Parliament will, at the end, enact a Bill that conforms to our Constitution and international human rights treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which South Africa has ratified.
We remain committed to the sentiments expressed by President Nelson Mandela, when he, three years into our democratic rule, submitted the South Africa’s First Report on CEDAW, and I quote: “Women constitute the majority of the South African population and, although we now have a democratic society, we concede that freedom will not be fully attained unless women have been fully emancipated and empowered in all spheres of life”
Eighteen years into our democracy, some progress has been made to change the picture painted by the above sentiment expressed by President Mandela. There are however stiff challenges in certain areas. In the justice sector in particular, women are still the least represented category across the entire hierarchy of the courts. Of the 233 permanent judges appointed to the various Superior Courts only 65 are female judges (of which 45 are Black and 20 are White female judges). Other than judicial appointments, the allocation of legal work and briefs to legal practitioners is one area where there is almost a complete absence of women.
It is for these reasons that we have embarked on radical reforms to the State Legal Services which we announced recently. These reforms are aimed at ensuring that the state, as the biggest consumer of legal services, implements programmes that are geared towards increasing the pool of Black and women practitioners, especially in niche areas of the law such as constitutional litigation, competition law and aviation and social and economic transformation. These measures will in turn enhance opportunities for the transformation of the legal profession and the judiciary at large.
Honoured Guests,
This court facility boasts of excellent facilities consisting of thirty-three Court Rooms for adjudication of criminal, civil, family and small claims cases; three large Cash Halls for the payment of maintenance, 25 holding cells separate holding cells which will cater for males, females and juvenile detainees; adequate offices for judicial officers and prosecutors with direct and secured access to the parking lot; adequate offices for administrative and legal aid personnel; and adequate consulting rooms for legal practitioners to consult with their prisoner-clients.
Of significance is that this court will not only hear matters falling under the jurisdiction of the District and Regional Courts, but will also be a Circuit Court for the South Gauteng High Court. This arrangement, which is a true reflection of an integrated court system which both Judge President Ngoepe and Judge President Mlambo have helped to nourish, provides opportunity for High Court matters, especially those emanating from the Ekurhuleni metro, to be dealt with at this court.
This will alleviate the pressure and congestion at the South Gauteng High Court in the Johannesburg High Court which is stretched beyond limit. The Pam Ridge court again is an ideal pilot site for this noble idea, which I am confident will promote coordination and liaison between officers of the different hierarchy of the courts in the true spirit of collegiality.
Again of historic importance is that this court has moved from an urban set-up in the town of Alberton to a township which developed from an informal settlement as recent as 1996. The local community of this area stands to benefit immensely from this innovation. Services such as child maintenance, deceased estates and adjudication of small claims by the Small Claims Court which were obtainable at a distance for them are suddenly at their door steps.
I am confident that the opening of this court here today, in this area, will increase job opportunities for the local community in particular, in line with the Government’s endeavour to create decent work for our people. This court must serve as an impetus for the young generation to study and aim to work and serve their local communities in this court. I urge the community of this area look after this magnificent building as their life time sanctuary and to preserve its outlook for future generations.
In conclusion, we are pleased that the face of justice is gradually changing from the doom and gloom picture that Nelson Mandela so courageously described from the accused stand in his first encounter against the oppressive justice system and I quote: “I hate race discrimination most intensely and in all its manifestations. I have fought it all during my life; I fight it now, and will do so until the end of my days. Even although I now happen to be tried by one whose opinion I hold in high esteem, I detest most violently the set-up that surrounds me here. It makes me feel that I am a black man in a white man's court. This should not be. I should feel perfectly at ease and at home with the assurance that I am being tried by a fellow South African who does not regard me as an inferior, entitled to a special type of justice”.
We must embrace and celebrate the winds of change that Nelson Mandela and many others had brought to this beautiful land of hope and optimism. It is a duty bestowed on all of us, of ensuring that this country never again slide into hopelessness and anarchy that obscured its brightness during the 300 years of colonialism and apartheid rule.
With these words I declare this court officially opened.
I thank you!
Speech by Jeff Radebe, Member of Parliament and Minister of Justice and Constitutional Development, on the occasion of the opening of the Palm Ridge Court, at Palm Ridge, Ekurhuleni
