Speeches

Address by the Deputy Minister of Justice and Constitutional Development, the Hon AC Nel, MP, in the Debate on Vote 22 (The Office of the Chief Justice), National Assembly, 11 July 2024

Honourable Chairperson,             
Honourable Minister Simelane,
Ministers and Deputy Ministers,
Honourable Members,
Members of the judiciary,
The Secretary-General and officials from the Office of the Chief Justice,
Distinguished guests,

As we meet here today, our thoughts are with those whose lives have been disrupted by the extreme weather conditions affecting various parts of our country, especially in the Western Cape. We must mitigate the impact of these developments on the functioning of our justice system, including our courts.

When the drafters of the Freedom Charter meticulously crafted the historic document in 1955, they highlighted as one of its pillars, that: “All Shall be Equal before the Law”.

They also proclaimed that the courts shall be representative of all the people.

These principles are mirrored in our Constitution.

Both the Freedom Charter and the Constitution place people at the center of justice system, at the center of the rule of law, and at the center of our courts.

Whilst one can spend a lot of time discussing the nuts and bolts around expenditure trends, or facilities, or infrastructure, let us always be mindful of the people we are to serve.

Whether it’s a person who approaches a court because they have nowhere else to go to have their matter heard, or whether it’s a person whose rights have been infringed, or a victim of crime who looks to the courts to ensure that justice is done, we need to keep people at the center of everything we do.

At the same time, we need to also see our courts and our justice system within the bigger picture.

We have set many goals for our country – whether it’s eliminating poverty and reducing inequality, or growing the economy, or creating a better Africa and a better world – our courts and our justice system play a fundamental role in each and every goal that we set for ourselves as a nation.

A country with an efficient and effective justice system is much more likely to attract foreign direct investment and thus grow the economy and create jobs.

A country which adheres to the rule of law will be able to successfully build safer communities, build a capable and developmental state and contribute to a safer region, a better Africa and a better world.

A country with an accessible justice system and strong and respected institutions, will ensure the protection and promotion of people’s human rights and thus be able to free the potential of each person.

Indeed, our courts and our justice system are vital to every aspect of our country’s success.

The Constitution compels us to assist and protect our courts to ensure their independence, impartiality, dignity, accessibility and effectiveness.

For this reason, the Office of the Chief Justice was established in 2010 to support the Chief Justice in the execution of their administrative and judicial powers and duties as Head of the Judiciary.

The transfer of the administrative functions and staff attached to the Superior Courts from the Department of Justice and Constitutional Development to the OCJ commenced in October 2014. In April 2015, the OCJ became a fully-fledged Department with its own Vote.

The administration for the Superior Courts, the Judicial Services Commission and South African Judicial Education Institute were transferred to the OCJ, together with the budget and personnel, from the Department of Justice and Constitutional Development.

When the OCJ was established as a national department within the public service, the intention was that this would be the first phase towards an independent judiciary-led court administration system to fully realize the judiciary’s institutional independence in line with the Constitution.

The OCJ contributes to the National Development Plan’s call for strengthened judicial governance and the rule of law and ensuring an efficient and effective criminal justice system by accelerating reforms to implement a judiciary-led court administration, by ensuring an efficient court system, by reducing court administration inefficiencies, by ensuring judicial accountability and by providing training to the judiciary though SAJEI.

The modernisation and digitisation of court systems remain key priorities for the OCJ to improve access to justice for all by utilizing technology in court hearings, the dissemination of information, as well as in storage systems.

The use of technology in court proceedings is an invaluable tool for ensuring seamless access to justice and therefore the roll-out of the Court Online system remains key to improving court operations and enhancing service delivery.

The resourcing and capacitation of the South African Judicial Education Institute (SAJEI), remains crucial for ensuring that available education and training programmes are offered to serving and aspirant Judicial Officers. These training programmes enhance service delivery by promoting the effectiveness of the courts.

Honourable Members,
It is clear that our Constitution envisages a single judiciary. Section 166 of the Constitution makes it clear that our courts encompass both the Superior Courts as well as the Magistrates’ Courts.  The Constitution 17th Amendment and the Superior Courts Act were all inspired by the ultimate goal of achieving a single judiciary. 

The Constitution 17th Amendment, which brought about section 165(6) of the Constitution, made provision for the Chief Justice as head of the judiciary responsible for the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts - not only for the Superior Courts.  

The Chief Justice has the responsibility to co-ordinate the judicial functions of all Magistrates’ Courts within the jurisdiction of that Division of the High Court.   This responsibility is being carried out by the Judges President of the various Divisions of the High Court.

The Department of Justice and Constitutional Development continues to support the administration of the Lower/Magistrates’ courts and we are pleased to announce that 227 permanent District Magistrates have recently been appointed, with effect from 1 August 2024, to further capacitate our Magistrates’ Courts. 

With regards to the legislative framework, the Lower Courts Bill and the Magistrates Bill have both been published for public comment inputs have been received from various stakeholders.

My colleague, comrade and friend, the previous Deputy Minister, John Jeffery, met with representatives of the Magistrates Commission, the Regional Court Presidents Forum and the Chief Magistrates Forum, and with stakeholder bodies such as ARMSA and JOASA and indicated that more in-depth discussions will follow on these two Bills and on the comments received.

The Chief Justice as the Head of the Judiciary is also still to provide comments on the two Bills, as must the Magistrates Commission and their inputs are therefore imperative.

It is, at the same time, important that in developing the two Bills, we are also guided by a Judicial Governance and Court Administration Model based on the criteria of an institutionally independent judiciary.

We also need to finalise the rationalisation of courts. The Constitution envisioned in item 16(6)(a) of Schedule 6 that the structure, composition, functioning and jurisdiction of all courts would be rationalised with a view to establishing a judicial system suited to the requirements of the Constitution.

The work being undertaken by two Committees tasked with the rationalisation of courts is at an advanced stage.

Honourable Chairperson,
Indeed we have much to do.
I want to conclude with a few lines from a poem called “Justice” by Robert Longley -
“There can be no justice
If we sit idly by
There can be no hope of change
If people do not try

This is not a task for one group
It affects both black and white
The same is true in policy
On the left and on the right

We must grow beyond labels
We all must stand as one
This is a time of challenge
And much work must be done

I know we can be better
We all must rise above
If we are to find true justice
First, we must find love”

We stand here today, at the start of this new term, this the 7th Administration of a democratic South Africa and we carry on our shoulders an enormous responsibility.

Our country, like other countries around the world – both developed and developing countries, faces many challenges. In order to overcome these challenges, our justice system needs to work.

Let us do the very best that we can to support and strengthen our courts, today and every day over these next 5 years, for the love of our Constitution, for the well-being of our people and for the love of our country.

I thank you.