Conference
15 September 2007
A single judiciary was one of the hot topics at the Magistrates' Conference
in
Johannesburg. The conference, which has attracted high profile local, regional
and international participants, is looking at issues pertaining to magistrates,
ranging from their appointments, to accountability, training requirements,
ethics and institutional governance and enhancing the efficiency of the lower
courts. It ends tomorrow (Sunday, 16 September).
Minister of Justice and Constitutional Development Brigitte Mabandla said
for government to be effective in meeting the needs of the people there had to
be unity of purpose and a seamless link between its components. This, she said,
was the rationale for the entrenchment of the principle of co-operative
governance of the Constitution. Deputy Chief Justice Dikgang Moseneke said that
much has changed within the judiciary and much must still change. Changes to
the judiciary, he said, would benefit not only the judiciary but all South
Africans.
"It is clear from chapter eight of the Constitution that the magistracy must
be integrated into the broader judicial system. We should strive to achieve a
single judiciary which will probably be characterised by a number of broad
principles. He said that the notion of a single judiciary was a serious one
"which flows from the demands of our constitutional order."
"It is not an open-ended passport to the demands on remuneration and working
conditions. The notion of a single judiciary is inconsistent with unsolicited
threats of go slows or strikes in the lower courts. It is rather an important
project in inculcate common structures and values right across our judicial
system in a way that will make access to justice a reality for all."
Deputy Minister Johnny de Lange said it was necessary to look at barriers
that have to go to create a seamless structure. "We want a situation where you
have someone who starts in the traffic courts but who knows he can one day be
chief justice." He told delegates debating institutional governance that it was
important to start a dialogue as to what was the best way to structure the
judiciary and in this case, the lower judiciary.
"This conference isn't a magic bullet. We're not going to have a magic
answer at the end but when we leave here the debate doesn't stop. We know the
lower judiciary was created for an apartheid system. Now we ask: Is it the
right structure for a democracy. We're restructuring the high courts and need
to look at the lower courts structure (of regional and district). The structure
is a big issue as is the issue of governance of the judiciary."
Enquiries:
Phumla Mthala
Tel: 012 357 8234
Cell: 079 528 4661
Issued by: Department of Justice and Constitutional Development
15 September 2007
Source: Department of Justice and Constitutional Development (http://www.doj.gov.za)
