Hansard: NA: Mini-plenary 5
House: National Assembly
Date of Meeting: 12 May 2022
Summary
No summary available.
Minutes
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Watch: Mini-plenary
PROCEEDINGS OF THE MINI-PLENARY SESSION OF THE NATIONAL
ASSEMBLY
____
Members of the mini-plenary session met on the virtual platform at 16:30.
House Chairperson Mr M L D Ntombela took the Chair and requested members to observe a moment of silence for prayer or meditation.
(Announcement)
The HOUSE CHAIRPERSON (Mr M L D Ntombela): Hon members, before we proceed, I would like to remind you that the virtual mini- plenary is deemed to be in the precinct of Parliament and constitutes a meeting of the National Assembly for debating purposes only. In addition to the Rules of the virtual sittings, the Rules of the National Assembly including the Rules of debate apply. Members enjoy the same powers and privileges that apply in a sitting of the National Assembly. Members should equally note that anything said in the virtual platform is deemed to have been said to the House and may be Ruled upon. All members who have locked in, shall be considered to be present and are requested to mute their microphones and only unmute when recognised to speak. This is because the microphones are very sensitive and will pick up noise which might disturb the attention of other members. When recognised to speak, please, unmute your microphone and connect your video. Members may make use of the icons on the bar at the
bottom of their screens which has an option that allows the member to put up his or her hand to raise points of order. The Secretariat will assist in alerting the Chairperson the members requesting to speak. When using the virtual system, members are urged to refrain or desist from unnecessary points of order or interjections. We shall now proceed to the order, which is debate on Budget Vote number 27; Office of the Chief Justice, Appropriation Bill. I recognise the hon Minister of Justice and Correctional Services.
APPROPRIATION BILL
Debate on Vote No 27 – Office of the Chief Justice:
The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Thank you very much, hon House Chairperson, the chairperson of the portfolio committee, members of the portfolio committee, members of the House, the Deputy Minister for Justice and Constitutional Development, other Ministers present and the Secretary General of the Office the Chief it is my pleasure to present to the House the Budget Vote of 27 for the Office of the Chief Justice. Significant events have occurred in the month of May in our nation. On 08 May 1996, the National Assembly adopted our Constitution by the former Deputy President at the time, Thabo Mbeki, in his speech titled; “I am an African” That Constitution which was adopted by the National Assembly has been celebrated across the globe as a model Constitution and beckon of hope for the advancement of democracy and equality.
It is worth noting that former President Mbeki’s statement, “I am an African” still lives today in our daily lives. Many of us black and white remain enchanted by psychological constructs of apartheid. Too many of us think that we can be defined outside of the African Continent. We are Africans, as I quote; we owe our beings to Queen Nzinga of Angola, King Mansa Musa, to President Kwame Nkrumah, President Samora Machel and to our very own former President Mandela. At times the calibre of our leadership has had the pioneering effect of creating a new world order and influencing events across the globe; on human rights, on issues of inequality and various issues affecting the global community. Today, we still speak of Palestine, the struggle of the Saharan people and many struggles of the people of the globe because of the pioneering work of our four-fathers on human rights. Incidentally, House Chair, May is also the month in which history records the passing of a South African academic, an African National Congress leader, a lecturer at the University of Fort Hare and Botswana’s first ambassador to the UnitedStates of America and envoy to the United Nations, ZachariahKeodirelang Matthews.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 5
It was Z K Matthews who was the intellectual engine room
behind the creation of our Constitution. As we celebrate our
Constitution, we also celebrate the Judiciary in our country
which derives its authority from section 165 of the
Constitution. We are thankful to the crafters of our
Constitution for the protections afforded to the Judiciary to
allow it to apply the law impartially and without fear,
favour, or prejudice. I take this opportunity to extend warm
congratulations and welcome to Chief Justice; Raymond Zondo,
who was appointed the Head of the Judiciary and the
Constitutional Court by His Excellency; President Ramaphosa,
effectively from 1 April 2022.
We look forward to working with the Chief Justice in our
efforts to assist and protect the courts to ensure their
independence, impartiality, dignity, accessibility, and
effectiveness in line with section 165(4) of the Constitution.
The judiciary are the guardians of this Constitution. To
advance a judicial support we are tabling before this august
House a budget of R1,266 billion for voted funds and a further
direct charge to the National Revenue Fund of R1,122 billion
for judges’ remuneration.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 6
The budget comprises of the Office of the Chief Justice core
programmes, the Superior Courts and Judicial Education Support
are allocated 79,8% of the total budget. The budget cuts
implemented since 2020-21 financial year have reduced the
2022-23 voted budget allocation of the Office of the Chief
Justice by R144,4 million which amounts to 10,2% of the
overall budget. The effect of this resource scaling back means
that the compensation of employees’ budget of the department
has been reduced by R116,1 million which amount to 13% and the
budget of judges’ salaries has been reduced by R183,3 million
amounting to 14% for the 2022-23 financial year. A 5,5%
reduction to the operational budget has also been implemented,
translating to an effective R28,3 million reductions.
The prioritisation of the national response to the COVID-19
pandemic over the past two years resulted in the scaling back
of budgets across government. The impact of these budget cuts
continues to be felt today. Further, the country’s economy has
been adversely affected by the ongoing COVID-19 pandemic and
it continues to struggle to grow at the desired rate. However,
most key indicators suggest that the country’s economy is
slowly mending but the pace of recovery has been too slow to
translate into a sustained recovery. As such, we must be
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 7
innovative and develop new ways of operating under these
constrained conditions for us to keep the courts operational.
This is why, hon Chairperson, I usually say ...
Xitsonga:
... vana va munhu va tsemelana nhloko ya njiya.
English:
Loosely translated English; children born of the same family
they share a head of a locust. It sounds impossible but it can
be done. I am told this idiom is in all vernacular languages.
The current budget constraints faced by the Office of the
Chief Justice necessitate that it finds ways to address its
expanding workload by doing more with less and ensure that it
delivers the required services despite immediate challenges.
The 2022-23 financial year budget, therefore, considers this
important factor and prioritises measures to keep our courts
open whilst also ensuring the safety of court users and
officials. The Office of the Chief Justice will continue to
reprioritise its budget and operations to ensure that the
delivery of core services, namely, support to the courts, is
not adversely affected by the above.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 8
The Office of the Chief Justice has put in place measures to
ensure that its resources are not misused through fraud and
corruption. One of the key priorities of the Office of the
Chief Justice is embedding a culture of ethics within its
ranks. To this end, the Office of the Chief Justice has
established an ethics committee in line with the applicable
prescripts. A crucial area of work for this committee is the
monitoring of compliance relating to officials doing
remunerative work outside the public service and officials
doing business with the state. This year marks 10 years since
the adoption by all parties in Parliament of the National
Development Plan 2030, the NDP, which serves as an action plan
for securing the future of South Africans as charted in the
Constitution.
The Office of the Chief Justice supports the judiciary in its
contribution to Chapter 14 of the National Development Plan;
promoting accountability and fighting corruption. To this end,
the focus area for the judiciary is in strengthening judicial
governance and the rule of law. Hon members, this focus area
is fundamental in guiding the development of the strategic
priorities as outlined in the 2022-23 Office of the Chief
Justice annual performance plan, the APP. The Office of the
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 9
Chief Justice’s 2022-23 annual performance plan, therefore,
articulates key priority areas which are central to improving
the governance and efficiency of the department.
They are as follows: Implementing initiatives that contribute
to broadening and improving access to justice and the service
of the superior courts; improving efficiencies in court
administration through modernisation of the system; processes
and infrastructure and implementing initiatives to address the
impact of COVID-19 on the operations of the courts. The Office
of the Chief Justice will also continue providing training to
the judges and aspirant Judges through the South African
Judicial Education Institute; in line with the objective of
Chapter 14 of the National Development Plan. Incidentally, the
South African Judicial Education Institute, SAJEI, also marks
ten years since it commenced with its operations. To mark this
milestone, the South African Judicial Education Institute has
identified several activities to implement.
It has recently held an international webinar under the
leadership of the then acting Chief Justice on judicial
training principles attended by 125 representatives from 18
countries, giving the South African Judicial Education
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 10
Institute a regional and international footprint. This is an
achievement to be applauded. The South African Judicial
Education Institute is also working on a book on judicial
training in Africa to mark its tenth anniversary. Other
notable achievements by the South African Judicial Education
Institute are as follows: The South African Judicial Education
Institute publishes a journal on Judicial education related
matters annually.
To date, South African Judicial Education Institute has
published five issues. The journal is available on the website
of the Office of the Chief Justice. The South African Judicial
Education Institute launched an annual programme called human
rights week for judicial officers during the first week of
December. The focus of the programme is on human rights
related topics such HIV/TB, AIDS, and human rights, Lesbian,
Gay, Bisexual, Transgender, Queer & Intersex life, LGBTQI+,
gender stereotyping, judicial wellness, socioeconomic rights,
refugee rights and stateless children. In line with section
5(1) (f) of the South African Judicial Education Institute
Act, 2008, which determines that one of the functions of South
African Judicial Education Institute is to render such
assistance to foreign judicial institutions and courts as may
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 11
be agreed upon by the South African Judicial Education
Institute Council. It has initiated projects in Africa and
conducted the following training programmes: The South African
Judicial Education Institute initiated the integration of
environmental law into judicial curricula on the African
Continent. The initiative led to the establishment of the
African Judicial Education Network on Environmental Law,
AJENEL, launched in Maputo in 2018. The South African Judicial
Education Institute serves as the secretariat.
To date, several institutions in Africa have produced training
materials on environmental law including on illegal wildlife
trade. The South African Judicial Education Institute has
invited judges and magistrates of foreign judiciaries to its
seminars and webinars. For example, members of the judiciary,
especially judicial educators, were invited to a webinar on
implementing training in the new normal times and how to
conduct virtual hearings. The aim of the webinar was to assist
in ensuring that training takes place despite the pandemic.
The South African Judicial Education Institute has
successfully conducted training of newly appointed judges and
Magistrates in Botswana at the request of the hon Chief
Justice of Botswana. In line with the objectives of the South
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 12
African Judicial Education Institute Act 14 of 2008, the
institute has called for applications for Aspirant Women
Judges programme in January 2022. It is envisaged that the
training will be for about a year, including mentoring at
various high courts.
We commend the South African Judicial Education Institute for
the sterling work it continues to do in ensuring the
capacitation of not only SA Judicial Officers, but of judicial
officers in other parts of our continent as well. Hon members,
modernisation and digitisation of the court system remain a
key priority for the Office of the Chief Justice to improve
access to quality justice for all. The use of technology to
conduct online hearings has proved to be an effective
alternative to traditional court sittings, especially during
the challenging period of the COVID-19 pandemic. The Office of
the Chief Justice will continue to implement the court
modernisation strategy as a tool to enhance speedy access to
justice.
The Office of the Chief Justice’s priority of modernisation
and the use of technology will ensure an efficient court
system that guarantees access to justice for all. During the
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 13
2022-23 financial year, the Office of the Chief Justice will
continue to embrace and leverage on the new technology through
digitisation of the court system. The focus will be to
prioritise court online and digitisation of court records to
enable the judiciary and the courts to continue adjudicating
court cases through online platforms even beyond the COVID-19
pandemic.
The now fully developed and piloted court online system is
meant to fully take advantage of the information and
communications technology, ICT, advancement to minimise not
just the physical movement of people and paper-based court
documents from parties to the courts, but also to leverage the
benefits of electronic storage within the courts, i.e. faster
document filing and retrieval, eradication of the misplacement
of case files, concurrent access to view the same case filed
by different parties. Over the Medium-Term Expenditure
Framework, MTEF, the Office of the Chief Justice will continue
implementing the court online system to all superior courts as
part of its information and communications technology, ICT,
modernisation initiatives.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 14
Hon members, the judiciary has an important role in
safeguarding and protecting the Constitution and its values
and in ensuring the consolidation of democracy and the
realisation of a better life for all. It does this through its
constitutionally entrenched judicial authority. Over the
years, the judiciary has shown a profound understanding of the
constitutional imperatives and set out to defend the basic law
of the land. This includes many judgments, particularly by the
Constitutional Court, that have reflected a progressive
interpretation of the Constitution and social rights in
particular. In terms of section 165(4) of the Constitution, it
is incumbent on organs of state to assist and protect the
Courts to ensure the independence, impartiality, dignity,
accessibility and effectiveness of the courts. It is vitally
important in a democracy that individual judges and the
judiciary as a whole are impartial and independent of all
external pressures and of each other so that those who appear
before them and the wider public can have confidence that
their cases will be decided fairly and in accordance with the
law. When carrying out their judicial function they must be
free of any improper influence.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 15
It is in this spirit that we table this Budget Vote today. The
executive arm of the state is doing everything in its power to
ensure the constitutionally enshrined independence of the
Judiciary. As the executive we will be analysing the judicial
administration model with a view to give expression a
practical and functional expression to the notion of judicial
independence in its administrative form. We call on this House
to continue working with us to affirm the role of the
judiciary in the protection of human rights and advancement of
democracy in our country. We must all understand that the
judiciary are not in a popularity contest, their decisions
must be respected or challenged within the available
framework.
Chairperson and hon members, I therefore present the 2022-2023
Budget Vote 27 of the Office of the Chief Justice for your
support and approval. I wish to take this opportunity to
recognise Chief Justice Raymond Zondo, President of the
Supreme Court of Appeal, Justice Mandisa Maya, Deputy Judge
President Aubrey Ledwaba as the Chairperson of the Magistrates
Commission as well as the heads of court and all members of
our judiciary for their continued service to people of South
Africa. I also acknowledge the Office of the Chief Justice
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 16
Audit and Risk Committee for the effective oversight role they
continue to play. Finally, I thank the Secretary General for
the Office of the Chief Justice, Ms Memme Sejosengwe, the
management team of the Office of the Chief Justice and staff
for continuing to serve with distinction. Thank you.
Mr G MAGWANISHE: Thank you very much Chairperson, hon Minister
Ronald Lamola, hon deputy Minister John Jeffery, hon Deputy
Minister Inkosi Patekile Holomisa, Secretary General of the
Office of the Chief Justice Ms Sejosengwe and hon members.
Let me take this opportunity on behalf of the portfolio
committee to welcome our new Chief Justice Judge Raymond Zondo
and we wish him well in his new appointment. On the same token
let me also take this opportunity to thank the former Chief
Justice, Judge Mogoeng Mogoeng for his service to our nation.
We wish him well in his endeavours.
The committee welcomes the Minister’s announcement that he
will introduce legislation in support of establishing a single
judiciary. He also intends to bring proposals concerning the
judicial governance on court administration to Cabinet. The
establishment of the single judiciary is a constitutional
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 17
imperative. And the lack of comprehensive legal and policy
framework contributes to the many challenges that our judicial
system has.
During our recent oversight visit, we witnessed very serious
infrastructure and maintenance problems at our courts. These
include amongst others leaking roofs, ceilings that needs to
be replaced, broken air conditioning and no access to water.
At the Supreme Court of Appeal, the generator is only able to
light the corridors during load shedding as the Supreme Court
of Appeals court rooms do not have windows, it is impossible
for matters to be heard during load shedding making a mockery
out of the right to access of justice.
We note the Office of the Chief Justice assurance that the
challenges raised by the judges at the Supreme Court of Appeal
are being attended to.
We are still concerned that action is being taken only after
the judiciary had complained to us about the court conditions.
The Office of the Chief Justice will continue with ICT related
initiatives to modernise court processes. We have repeatedly
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 18
supported ICT solutions as the way forward but the question is
to whether these can have a desired effect unless proper
attention is also given to ensuring that our courts at the
very least have access to basics such as running water and
electricity so that matters can run despite outages. Otherwise
it will be a house built on a faulty foundation.
The committee notes the judiciary’s complaint that the tools
of trade such as laptops are bought without prior
consultation. We believe that there must be better
communication with the judiciary to prevent misunderstandings.
The committee remains extremely concerned about the increased
number of backlog cases threatening to overwhelm the legal
system. However, we acknowledge that the Office of the Chief
Justice is unable to provide substantive answers on the
backlogs as accountability for court performance lies with the
judiciary.
We note that the Office of the Chief Justice is short staffed
but funding constraints only allow it to prioritise filling
posts that support core business. The Office of the Chief
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 19
Justice hope that future automation will free up personnel for
placement elsewhere in the organisation.
Space makes storing old court files a challenge. We note that
the Office of the Chief Justice has made submission to the
IJS, Integrated Justice System, for funding for the
digitisation of old court records and we support this. We
would like to repeat what we said in the last budget vote, I
quote:
“The committee believe that a decision to implement
budget cuts to be fit for purpose. In the case of the
Office of the Chief Justice, it should not be forgotten
that the rule of law supports healthy economies and
allows people to feel safe. A functioning justice system
is glue that holds society together.”
The committee having considered the Budget Vote 27, Office of
the Chief Justice and Judicial Administration recommends that
the House approves the budget vote. Thank you very much.
Adv G BREYTENBACH: Good afternoon hon Chair, thank you very
much. Hon Chair, hon members, the purpose of the Office of the
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 20
Chief Justice is to render support to the Chief Justice in
executing administrative and judicial powers and duties as
Head of the Judiciary and Head of the Constitutional Court.
The Office of the Chief Justice is therefore primarily
established to support the Chief Justice and the
administration of superior courts. It furthermore is required
to provide and coordinate legal and administrative support to
the Chief Justice and provide communication and relationship
management services and inter-governmental and international
co-ordination.
It must develop a courts administration policy, norms and
standards, support the development of judicial policy and
support the judicial function of the Constitutional Court, as
well as support the Judicial Service Commission in the
execution of its mandate.
The vote also provides support to judicial education through
the South African Judicial Education Institute (SAJEI).
On recent oversight visits, it has become abundantly clear
that the Judiciary and the infrastructure surrounding it, have
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 21
been left to their own devices, with very little to no
support. This impacts directly on the ability of the judiciary
to effectively and efficiently dispense justice throughout the
country.
A large contributor to this disastrous state of affairs is the
complete lack of support from the Department of Public Works.
The inefficiency and complete uselessness of this department
is so staggering that it is clear that it should be disbanded,
and the huge budget allocated to it for doing nothing at all
should be distributed to individual portfolios in order that
they can take responsibility for the maintenance issues that
receive no or very inadequate attention from public works.
Court buildings countrywide are in a shocking state of repair,
maintenance not having been done for a decade or more,
resulting in buildings once of great value now being close to
derelict. The Supreme Court of Appeal has no functioning air
conditioning system, no generator and is subjected to load
shedding, while the residence of the Premier is not. No
functioning lift, the lift shaft is filled with water and has
been for some time, and the roof leaks copiously.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 22
These problems have not been addressed in the last decade. The
President of the court is forced to spend her time dealing
with maintenance and infrastructure issues, with little or no
assistance from public works. It is nothing short of
disgraceful.
The justices have no functioning landlines, and they and the
staff are forced to make use of their personal cell phones,
email addresses and data in order to get any work done.
The newly opened court buildings in Limpopo and Mpumalanga are
seriously below par, and practically unfit for occupation.
These buildings took many years more than planned to complete,
and overran their budgets by millions, yet they are for all
practical purposes unusable. Who paid for this? Who signed off
on such inadequate, unacceptable and shoddy work, and why?
The court at Palm Ridge is a relatively new court, and a busy
court. It offers sub-standard facilities at best, with serious
structural deficiencies. It is time that someone is held
accountable for this shocking waste of taxpayers’ money on a
huge scale, and the punitive clauses in the Public Finance
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 23
Management Act should be implemented against those responsible
for such wasteful expenditure in their personal capacities.
The continually growing case backlog poses a significant
threat to the judicial system. It highlights just how
inefficient court processes are, and underscores the dire need
to modernise and digitalise the courts. Of course this cannot
be achieved overnight.
In the face of these challenges, budget reductions are
proposed for this office. This will contribute to ever growing
case backlogs and will put a brake on the filling of critical
posts, and seriously compromise the ability of the Office of
the Chief Justice to provide the support necessary to ensure
an efficiently functioning judiciary.
Judges have had no increase in salary for three years now. It
is a constitutional imperative that judges’ remuneration
should be of a nature that guarantees tenure and independence.
An impoverished judiciary is a serious risk that should not be
ignored.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 24
While the ongoing training of members of the judiciary is
vital, in order for them to keep up with the constant
developments of the digital society, the resources will not be
available, again putting at risk the ability of the courts to
respond adequately and quickly to matters of a complex nature.
The judiciary have only limited and often sporadic access to
essential tools of trade, and are often forced to supply these
out of their own pockets, since they are not provided for
otherwise. Access to fully stocked and updated libraries
remains a pipe dream, and access to electronic court reports,
vital to any judicial process, is sparse and sporadic at best.
The judiciary have very little in the way of actual support in
the way of secretaries and researchers, with most having to do
this themselves, and many judges are forced to type out their
own judgements. This lack of access to essential tools of
trade impacts significantly on finalisation times and
efficient adjudication of matters.
As the demand increases for court time, with the long list of
complex cases to be put before courts increasing daily, it is
clear that the system will simply be unable to cope. A serious
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 25
intervention is necessary in order to secure rescue that which
still exists and rebuilding that which has been allowed to
become obsolete.
A serious and credible plan of action is needed and it should
be implemented immediately. It should definitely entail
ridding us of the useless and obsolete Department of Public
Works, who were unable to justify their right to exist during
the oversight visits.
No plans are in place to safeguard the comprehensive and very
valuable books and documents housed in the library of the
Supreme Court of Appeal. The library is not fire proof and it
seems as though nothing has been learned from recent events at
Parliament.
The most valuable books are housed in a cabinet purchased by
the Justices at their own expense. The list is endless, the
task enormous. It is time that the Office of the Chief Justice
was placed in a position to properly address the serious
challenges currently facing the judiciary.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 26
Ms Y N YAKO: House Chairperson, from the moment we arrived in
Parliament as the EFF, we have always emphasised the need for
Parliament to support the judiciary as a crucial component of
our democracy. It is an independent judiciary, resourced with
exceptional men and women who are able to interpret the law in
an impartial and fearless manner that would ensure that the
poor would have some ... [Inaudible.] ... of protection under
the law of this country. While South Africa’s constitutional
democracy is not perfect, our judiciary over the years,
jealously defended its independent.
Former Chief Justice Ismail Mahomed, as the first Chief
Justice of the Constitutional Court in the country, oversaw
the transaction of our democracy from the Parliament
sovereignty preferred by the apartheid system of
constitutional supremacy in terms of which everyone will be
subjected to the Constitution.
Former Chief Justice Arthur Chaskalson, left an imprint on the
Constitutional Court and our ... [Inaudible.] ... in this
country that emphasise the notion of independence of judiciary
and the role of the courts post 1994 to be transformative in
their interpretation of the Constitution.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 27
Former Chief Justice Pius Langa, gave our judiciary and
lasting legacy in his theoretical articulation of the concept
of transformative constitutionalism and the need to deepen the
Bill of Rights in interpreting the law.
Former Chief Justice Sandile Ngcobo, regardless of the
circumstances of his appointment and the controversy around
the extension of his term, also maintained the independence of
the judiciary and resisted attempts to capture it.
Former Chief Justice Mogoeng Mogoeng, modernised the courts
and also defended jealously the independence of the judiciary.
He also warned us that there were sinister attempts to capture
the judiciary. We think his warning has unfortunately come
true today. These leaders of the courts and many other men and
women, tasked with the responsibility of interpreting the law,
did this with integrity. They commanded the respect of their
peers and of politicians and administrators because there was
never ever doubt that they were established judges.
Today it is difficult to maintain the same level of confidence
in the judiciary. Not after brazing attempts to capture it,
and a seemingly biased favour of some politicians and some
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 28
interest by some very top judges in the land. As recent as
February, the Constitutional Court ruled that the regulations
relating to Preferential Procurement were unconstitutional.
Striking a deep blow on government’s weak attempts to
transform state procurement. This is an upfront to the legacy
of transformative constitutionalism, carefully laid out by
former Chief Justices of the courts.
Previously, while the courts ruled to make funding of
political parties public, when it was convenient to the
persons now in power, they ruled that bank statements that can
reveal corruption in the funding of the campaign of Mr
Ramaphosa, for the ANC’s presidency, must be kept private.
Thereby protecting the corrupt interest of one individual who
happens to be in power.
Perhaps the biggest red flag in the degeneration of the
independence of our judiciary, has to be the appointment of
the current Chief Justice. A man who demonstrated his
incapacity to lead the judiciary for all to see over the past
few years. He sees nothing wrong with meddling with
politicians and making political commentary about things that
might end up in front of him in court.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 29
He has spectacularly mismanaged the Commission of Inquiry into
Allegations of State Capture. Failed to call key witnesses
such as Arthur Brown, who has deep insight on the use of state
intelligence for political ends. And, he has asked for one
extension after the other for the completion of the reports
that would be surely challenged in court by so many. To show
that he has no intellectual backbone. Here is one, he
indicated that he saw nothing wrong with police arresting an
Advocate inside a court room. Only for him to summersault when
he saw societal wide condemnation of the conduct of the
police.
In the current Chief Justice, we have an established judge
through and through, and his appointment is a reward for
ensuring that the current ... [Inaudible.] ... of political
leaders are never found to be in contravention of the law.
Compared to the Chief Justices that we have had, the current
one is the meekest intellectually and the next two years under
his tenure will be the toughest for the country’s
constitutional dispensation.
The risk of politicians capturing the judiciary is now the
highest it has ever been seen in this country. Despite these
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 30
misgivings though, we still believe that there are men and
women of integrity in our courts and the administration of
justice must continue. So, as the EFF, we support the Budget
Vote for the Office of the Chief Justice, while condemning the
attempts at capturing the judiciary. Thank you, Chairperson.
Mr N SINGH: House Chairperson, let me right at the outset, on
behalf my party and its leader, Prince Mangosuthu Buthelezi,
congratulate Chief Justice Zondo on his appointment as the
Chief Justice of South Africa. He is a judicial officer of
note, with many years of experience and independence in the
judiciary, and we have no doubt that he will serve the
judiciary well and he will serve this country well.
By the same token, I think that Parliament did not have an
opportunity to bid farewell and thank outgoing Chief Justice
Mogoeng Mogoeng. I want to use this opportunity, on behalf of
my party, to thank the Chief Justice for the innovation, for
his leadership and for changes that he made in the judiciary
over his many years. Well done Chief Justice Mogoeng Mogoeng.
It is quite ironic that the hon Minister should be talking
about cut backs in the budget of this department, as we had to
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 31
cut back on every other department, because money had to spent
on COVID-19 preventative measures. The irony is that half of
that COVID-19 money has been stolen. And now, it is this
judiciary that will have to prosecute and put behind bars
those people that stole that money. And, it is a pity that
they will not have adequate tools, financial and otherwise to
be able to carry out their duties effectively and efficiently.
So, right at the outset, we want to say that every arm that is
responsible for fighting corruption, for bringing swift
justice to the people of South Africa, needs to be adequately
supported by government. This brings me back to the issue that
I have raised before. Of the independence of the judiciary.
The judiciary is just one arm of government and it’s an
independent arm. Yet, the budget falls within the realms of
the executive, through the Minister.
I think that it is high time, hon Minister, that we do not
only have administrative independence to the judiciary, but we
have full independence with them handling the resources that
are available to them. That is the only time that we say we
are doing what the Constitution asked of us, of having three
arms of government, independent from each other. It will also
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 32
alleviate the whole issue of political interference that were
spoken about by other speakers, and that sometimes it is the
perception that there is political interference in certain
quarters.
I like the fact that the Minister also spoke about the
digitization and the R22 million that will be provided in the
medium term for the infrastructure update. This is very
necessary. What I would like to say is that sometimes things
happen for a reason. COVID-19 came and it caused us to be able
operate completely differently from the way that we did
things. In fact, it brought to the fore the whole question of
the use of ICT. I think that the judiciary should increasingly
use ICT to conduct their cases. Many of the court rolls are
clocked with civil matters and these matters as we saw, were
handled very well by the judiciary through a virtual
consultation.
We are concerned about certain elements who speaks of the
judiciary being taken over, and the judiciary being captured.
Yes, there may be some within the judiciary that may have the
tendency to run favours to friends, but I don’t think that we
must paint everybody with the same brush. ... [Inaudible.] ...
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 33
we have people with integrity sitting on our benches and it is
up to this new Chief Justice to ensure that he can maintain
this level of integrity in the judiciary.
According to Afrobarometer, only 42% of South Africans say
that they have faith and trust in the judicial system. And the
judicial system is on the very edge of the precipice. It is a
challenge Chief Justice that you have to meet, and meet head
on.
Finally, I think when we speak of wanting to deal with
corruption, when the President stands up and say, corruption
must be a thing of the past, let us give the tools to the
judiciary so that they are able to deal with those corrupt
individuals. If we do not give them adequate tools, we are
failing at our responsibility. We also believe, as the IFP,
that even if there is a special appropriation of funds for the
judiciary, for the National Prosecuting Authority, NPA the
Special Investigating Unit, SIU to be able to conduct their
duties efficiently, then we must make that provision. We
control the budget as Parliament, and we need to make sure
that we provide adequate funding. The IFP will supports this
Budget Vote. House Chairperson, thank you very much.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 34
Mr F J MULDER: House Chair, the SA judiciary is under threat,
and serious and extraordinary measures should be implemented
to rectify this alarming reality. None of our ...[Inaudible]
...of faith in the South African constitution is necessarily
possible. In reality, the Constitution is not supreme and
entrenched. Subjected to visible socioeconomic forces it
changes continuously, and often so profoundly regardless of
stricter maintenance requirements.
Hon Chair, I have said this in the past and I am repeating
this point of view, in agreement with factual observations
made by several constitutional analysts, of which the opinion
of Professor Koos Milan is noteworthy for example. The Bill of
Individual Rights cannot be absolutely guaranteed justice
because in South Africa, rights are often subject to the
ideology driven exercise of judicial interpretation, often
with damaging consequences for those relying on the Bill of
Rights.
At the head of the judiciary stands the Chief Justice of
course, as guardian of our Constitution and laws adopted by
elected representatives of the people. The mandate of the
Office of the Chief Justice is therefore to provide effective
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 35
administrative and technical support to the Chief Justice as
the head of the judiciary and as head of the Constitutional
Court, as well as to render administrative operational and
governance support to the judiciary.
The FF Plus is therefore confident that the newly appointed
Chief Justice Raymond Zondo, will acquit himself with
distinction in this, and should therefore be supported by the
Office of the Chief Justice in a more adequate manner, as what
realised up to now. To enable Chief Justice Zondo to implement
the extraordinary measures required to address our country’s
extraordinary circumstances, this will definitely be
necessary.
Hon Chair, in saying that and although the Office of the Chief
Justice maintained a clean audit, the FF Plus is concerned
about the medium and long term consequences of the government
attempt to slow expenditure growth by reducing baseline
budgets, and setting ceilings on compensation spending, which
resulted in a wide gap between revenue and expenditure,
increased pressure on basic delivery of a lack of progress.
Developments such as ... [Inaudible] ...of security services
at the courts to the Office of the Chief Justice, inadequacies
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 36
in Information Communications Technology, ICT, security and
user access management, as well as ICT operational
inefficiencies are just a few examples of concern. Courts also
experience serious infrastructure maintenance problems.
House Chair, South African courts are not capacitated to
effectively deliver court services, in line with standards and
court rules and this should be rectified without delay. To be
able to rectify this, unfortunately or an unfortunate and
serious situation, the SA Constitution should firstly be
respected and the Office of the Chief Justice should be
equipped to support the respected Chief Justice, to fulfil his
mandate. The FF Plus does not support this report. Thank you
Chair.
Mr S N SWART: Thank you as House Chair, I am online. Should I
not be not then ... [Inaudible.] The ACDP It would firstly
like to congratulate the new Chief Justice Mr Justice Raymond
Zondo on his appointment. We would also like to thank former
Chief Justice Mogoeng Mogoeng on his service to the nation. We
would also like to pay tribute at this stage to the judiciary
for holding the line against state capture and corruption as
now fully laid bare by the Zondo Commission. The courts have
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 37
indicated and acted with fearlessness and indicated an
independence in judiciary, which we as the ACDP is salute.
We commend the Office of the Chief Justice on maintaining a
clean audit and thank all of staff for their hard work.
However, the ACDP shares deep concerns expressed by the
committee at the state of many of its courts following its
recent oversight visits. During those visits, the committee
witnessed first-hand very serious infrastructure and
maintenance problems. Many of the courts are old. The failure
to maintain them quickly then becomes a costly renovation
project where leaking roofs remain unfixed, ceilings that must
be replaced, broken air conditioning, etc. For example, at the
Supreme Court of Appeal the generator is only able to light
the corridors during load shedding and then it is obviously if
possible for places to continue. This makes a mockery of
access to justice. The question arises, why does the Supreme
Court of Appeal, SCA itself even have load shedding?
Whilst the criticism of the Office of the Chief Justice may be
unfair. It has a challenging role of liaison between the
judiciary and the Department of Public Works and
Infrastructure and Department of Justice and Constitutional
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 38
Development, but more clearly can and should be done, and much
of the blame must be like at the door of Department of Public
Works and Infrastructure.
We note that Office of the Chief Justice’s assurances that the
challenges raised at the SCA have been attended to but are
concerned that, it seems that action is only taking place
after the judiciary raised its complaints with the committee.
This should not be the case. We also share the concern about
the lack of finalising of the court administration model and
we would like to see advances in this regard.
Lastly in response to an ACDP question relating to what
involvement the judiciary has its own budget. The Chief
Financial Officer of the Office of the Chief Justice indicated
that heads of court were consulted. However, beyond that, the
judiciary and the Office of the Chief Justice is treated as
just another department. This can’t be correct, given the
crucial role that judiciary plays as a third arm of state in
ensuring justice in the country.
The former Chief Justice Mogoeng Mogoeng raised concerns in
this regard and ACDP agrees the Office of the Chief Justice
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 39
and judiciary need to be able to play a far greater role in
the determination of their budget to ensure an effective
access to justice is ensured. The ACDP will support this
budget vote. I thank you House Chair.
The DEPUTY MINISTER OF JUSTICE AND CORRECTIONAL SERVICES
RESPONSIBLE FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT (Mr J H
Jeffrey): Hon Chairperson, hon Minister Ronald Lamola, Deputy
Minister Patekile Holomisa, Ministers and Deputy Ministers,
hon members, members of the judiciary who may be watching and
officials of the Office of the Chief Justice, the Office of
the Chief Justice, OCJ, was established in 2010 as a new
government department separate from the Department of Justice
and Constitutional Development, to, amongst others, support
the Chief Justice in executing their administrative and
judicial powers and functions as head of the judiciary. It
supports the Judiciary Services Commission and the SA
Education Institute in the execution of their mandate and
administer the Judges’ Remuneration and Conditions of
Employment Act.
The OCJ is responsible for running the Superior Courts - the
High Courts, the Supreme Court of Appeal and the
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 40
Constitutional Court as well as specialised courts such as the
Labour Courts and the Competition Appeal Court.
The establishment of the OCJ was the first step in ensuring
greater independence to the judiciary. In today’s debate I
will be speaking about the magistrates because, although the
Magistrates Courts are still administered by the Department of
Justice and Constitutional Development, magistrates are part
of the judiciary.
According to section 165(6) of the Constitution, read with
section 8 of the Superior Courts Act, provides that the Chief
Justice is responsible for the establishment and monitoring of
norms and standards for the exercise of judicial functions of
all courts and thus enjoins the Chief Justice to issue
protocols or directions to all judicial officers - that is
both judges and magistrates.
The co-ordination of judicial functions of Magistrates Courts
falling within the jurisdiction of the Division of the High
Court is the responsibility of the Judge President of that
Division.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 41
Many of you may recall that, in the past, magistrates were
public servants, pointed from within the Department of Justice
and thus part and parcel of the public service.
Today, our magistracy is independent - for example, a
magistrate cannot be suspended or fired by the Minister of
Justice. This process now involves an investigation and a
hearing by the Magistrates Commission as well as the
concurrence of Parliament.
The new Magistrates Bill and new Lower Courts Bill, which were
refereed by the Chair earlier on have been long outstanding
but, we are pleased that the introduction of these Bills is
expected to take place this year.
The purpose of the Magistrates Bill is to provide for the
establishment, Constitution, objects and functions of the
Magistrates Commission and will regulate the appointment,
conditions of service, remuneration, retirement, suspension
and removal of the magistrates.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 42
The main aims of the Bill are three fold - Firstly, to replace
the current Magistrates Act, 1993, in order to ensure the
autonomy of the Lower Courts judiciary from the executive.
Secondly, it aims to incorporate all the provisions relating
to the appointment of judicial officers of the Lower Courts in
the Bill itself, since some these provisions are presently
contained in the Magistrates' Courts Act, 1944.
Thirdly, it aims to bring the procedure for dealing with
complaints about magistrates’ conduct in line, as far as it is
possible and feasible, with the dispensation applicable to
judges in the Superior Courts.
The Bill was published for public comment on 25 March, with
the due date for comments by 29 April last month. But we have
now extended the due date to 15 June.
The new Lower Courts Bill aims to provide for the establishment,
composition and functioning of Lower Courts comprising of Regional
Courts, District Courts and Municipal Courts and to make provision
for the administration of the judicial functions of the Lower
Courts.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 43
At the heart of this Bill is the fact that before the advent
of the democratic dispensation in 1994 Magistrates’ Courts
were not Constitutionally recognised as part of the judicial
authority.
The new Lower Courts Bill highlights the fact that the
legislative framework relating to the Superior Courts has been
rationalised and consolidated through the Superior Court Act,
2013, which, as I have said, provides that the Judge President
of a Division of the High Court is also responsible for the
co-ordination of the judiciary functions of all Magistrates’
Courts falling within the jurisdiction of that division, and
that, since the Constitution provides that the judiciary
authority is vested in all courts, it is desirable to provide
for a uniform framework for judiciary management, by the
judiciary, for the judicial functions of all courts.
The due date for comments on the Lower Courts Bill is also 13
June 2022.
We will be engaging with the magistrates’ organisations on the
Bills, such as the Judicial Officers Association of South
Africa, Joasa, and the Association of Regional Court
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 44
Magistrates of South Africa, Armsa, but I also want to urge
all interested parties and stakeholders to provide comment on
these important Bills.
These Bills will, once passed, indeed be the culmination of a
significant milestone in the administration of justice in our
country.
But, hon members, whilst we make very real progress with the
legislative framework we must also acknowledge that our Magistrates
Courts and the users of these courts face many challenges, such as
infrastructural challenges, lengthy court processes, case backlogs
and faulty court equipment.
The only way to overcome these challenges is to look to who is
responsible for what in our courts that the judicial functions
as well as the administrative functions.
The Constitution contains very specific roles for both the
Chief Justice and the Minister of Justice or as they are
described in the Constitution as the “Members of Cabinet
responsible for the administration of justice”. The Chief
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 45
Justice is the head of the judiciary and exercises
responsibility over the judiciary functions of all courts.
The Cabinet member responsible for the administration of
justice appoints acting judges to other courts after
consulting the senior judge of the court on which the acting
judge will serve and exercises the final responsibility over
the prosecuting authority.
The Superior Courts Act also sets up judicial functions in
section 8(6) to be performed by the judiciary as well as sets
out the responsibilities of the Minister responsible for the
administration of justice.
The issue of case backlogs is one that comes up time and time
again. There sometimes in other areas appears to be a
perception that whenever there are backlogs in courts, it is
the fault of the department and thus the responsibility of the
executive to fix.
But such a point of view does not take cognisance of the
important fact that court efficiency lies within the purview
of the judiciary.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 46
I do note that the Committee Report we are debating today did
not acknowledge that the OCJ was unable to provide an input on
the backlogs as court as court performance lies with the Chief
Justice and heads of court.
There are however a number of stakeholders within our court
system and for the system to work optimally they must all play
their part and work together to reduce backlogs.
The Chief Justice has set norms and standards for the exercise
of all judiciary functions in courts.
In terms of the norms and standards, civil cases in the
Magistrates’ Courts should be finalised within nine months
from the date of summons. In criminal matters judicial
officers should strive to finalise criminal matters within six
months after the accused has pleaded.
The hon Horn recently tabled a Parliamentary Question to the
Minister of Justice as to how often the National Efficiency
Enhancement Committee and the provincial Efficiency
Enhancement Committee have been meeting, but the OCJ, when the
Question was referred to them, made it abundantly clear that
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 47
these are judicial governance stakeholder forums which are
chaired by the Chief Justice and the Judges President of the
High Courts, respectively – and therefore the hon Horn’s
question was to be referred to the Chief Justice for
consideration, and not to the Minister of Justice.
The National Efficiency Enhancement Committee and the
Provincial Equivalence Enhancement Committee as well as the
District Efficiency Enhancement Committee play a crucial role
in court optimisation where all the relevant role-players
meet.
Often many challenges exist in courts because these structures
don’t meet regularly enough.
The OCJ set targets and indicators in the OCJ’s Annual
Performance Plan which point to improved court efficiency,
with specific and measurable output indicators such as the
percentage of default judgements to be finalised by the
Registrars within 14 days from the date of receipt of the
application, the percentage of taxations of legal bills of
costs to be finalised within 60 days from the date of set
down, the percentage of warrants of the release to be
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 48
delivered within one day of the release issued, and the number
of Judicial Case Flow Management Performance reports to be
produced.
In an attempt to ensure co-operation matter signage in court
performance and to support our magistrates court, we
established the court optimisation committee in 2020 degraded
to stakeholders and the magistrate judiciary issuing in order
to address challenges in bottlenecks in our courts.
The Court Optimisation Committee consisted of the Court
Services and Corporate Services Branches of the Department of
Justice and Constitutional Development, the Regional Court
Presidents’ Forum, the Chief Magistrates Forum, the SA Police
Service, the National Prosecuting Authority, Legal Aid South
Africa, the Department of Social Development, the Department
of Health, the Department of Correctional Services and the
nine Regional offices of the Department of Justice and
Constitutional Development.
The court Optimisation Committee worked well, until the
Regional Court Presidents decided to withdraw from the
structure despite, our best effort to convince them to remain.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 49
We though, will continue to do whatever we can to strengthen
and support our Magistrate’s Courts and our magistrates. We
need to ensure that the department moves more expeditiously in
providing the Magistracy with the necessary tools of trade and
the necessary equipment so that our courts can function
optimally. We are constitutionally bound to improve our
efficiency in this regard.
The creation of inclusive and integrated magisterial districts
and sub-districts in respect of the outstanding provinces of
the Eastern Cape, Free State, KwaZulu-Natal and the Western
Cape through the rationalisation Magisterial Districts Project
has been finalised and was gazetted by the Minister and came
into effect on 1 April 2022.
Of paramount importance going forward is the rationalisation
that the judicial establishment of the Lower Courts as it will
impact not only on vacant posts in which persons are appointed
to act, but also on permanent posts of magistrates that will
become vacant in the near future.
Chairperson, hon members, as I stated earlier for our courts
to function optimally and for cases to be disposed of
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 50
speedily, we also rely on a number of other stakeholders and
role players, such as the Department of Public Works and
Infrastructure, which has been subjected to quite number of
criticism, the SA Police Service, the Department of
Correctional Services, Legal Aid South Africa and the legal
profession.
We shall continue our efforts to ensure proper and improved
co-ordination between ourselves and these stakeholders. We
will also continue to support the Magistrates Commission and
its work.
I feel I need to respond to what the hon Yako’s comments on
the judiciary in particular the Chief Justice. Chairperson, I
think this is something that the House should investigate
because we are meant to protect the independence of the
judiciary.
I want to urge members and members of the public not to
unnecessarily attack the judiciary without a basis, without
substance, without facts. But just raising rumours doesn’t
help and it doesn’t ensure the legitimacy of those structures.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 51
We will continue to support and strengthen our courts and our
judiciary. In the words of the late Chief Justice Ismail
Mohamed, and I quote:
The Constitution articulates the culture of rights and
freedoms especially meaningful for a people deeply
traumatised and agonised for so long by the denials of
such rights. But the articulation of such rights would
afford no protection against abuse in the absence of
constitutional agencies with the power to police abuse
and to protect the victims of abuse. The judiciary is a
cornerstone of that protection. Its constitutional power
is formidable.
Thank you.
Mr B N HERRON: House Chair, where justice is denied, where
poverty is enforced, where ignorance prevails, and where any
one class is made to feel that society is an organised
conspiracy to oppress, rob and degrade them, neither persons
nor property will be safe. These are the words expressed by
the escaped slave and public intellectual Frederick Douglass,
nearly 200 years, and they are as applicable to the US then as
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 52
they are to South Africa today. Justice does not exist in
books or statues alone; it is not a theoretical concept nor
should it had been mysterious, nor honed in Stalingrad.
For people to believe in the fairness of the state in its
integrity - in equal rights, justice must be seen to be done.
For justice to be seen to be done is dependent not on judges
alone, but arguably more so, on the integrity of the criminal
justice system as a whole, including its investigative and
prosecutorial arms. Judgments can be appealed, which is public
process, but for good reasons, the decisions made by the
police and prosecutors before cases reach court or don’t, are
often made behind closed doors. The integrity of the judiciary
is therefore linked to the integrity of the processes that
underpin it.
We cannot talk of justice being done in South Africa if the
National Prosecution Authority, NPA, receives instructions not
to prosecute apartheid war criminals - for example. We can’t
talk about justice being seen to be done when detailed
knowledge of state capture has been in the public domain for
more than five years, and virtually none of the perpetrators
are being charged or brought to court. We cannot talk of
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 53
justice when those cases that are ... [Inaudible.] ...by
delays, postponements, lack of co-ordination between
prosecutors and police, and sometimes incompetence. That is
not justice, it is what some people call fair law.
We have a constitutional order that is globally admired, but
also a combination of red tape, political interference and
systemic indecisiveness that plagues our system of justice.
The quicksand that we are in is epitomised by the legal
battles of former president Zuma, despite years of
allegations, investigations and attempted prosecutions, the
ability of skilled lawyers to manipulate the system is self-
evident. Being innocent until proven guilty is a foundation
stone of justice, but the foundation becomes shaky when
alleged criminals have the means to delay the implementation
of justice and therefore retain their innocence, despite the
existence of piles of evidence in the public domain.
As we fiddle around the edges, the culture of criminal
impunity in the country gathers momentum to all of our
detriment. Among the greatest weapons we have to fix this is
the Office of the Chief Justice which is being seen to be
playing a leading role in the administration of justice,
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 54
independent of any interference. To be seen to be playing this
role, it is dependent on vigorous, competent and independent
investigators and prosecutors. We support the budget,
Chairperson. Thank you.
Mr W HORN: This year, as the hon Minister pointed out, we are
celebrating the 25th year since our Constitution came into
operation. A constitution, which as our supreme law, in a
deliberate and foundational manner, determined not only that
we are to be served by an independent judiciary, but which has
also entrusted our judiciary with the responsibility to act as
the final arbiter, not only when we have disputes with one
another, but also when we dispute the legality or lawfulness
of any action by those who exercise any public power.
The HOUSE CHAIRPERSON (Ms R M M Lesoma): Hon Wilma, just fix
your connectivity. Hon Horn, can you hear me?
Mr W HORN: I can hear you, House Chair.
The HOUSE CHAIRPERSON (Ms R M M Lesoma): Okay, I am requesting
that probably, for you to have a better connectivity, just
hold on and let me allow the hon Wilma from the ANC to come
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 55
in. Just get a better place for connectivity, please. Thank
you. Hon Wilma, over to you, ma’am. Hon Wilma, over to you,
ma’am.
Ms W S NEWHOUDT-DRUCHEN: Thank you hon Chairperson. Greetings
to Ministers, Deputy Ministers and to all the hon members on
this platform – to all those in the safety and security
cluster and all those who are watching from home, and all the
media present. Before I start I would like to remember all
those who lost their loved ones in the COVID-19 pandemic and
during the July unrests, as well as in the terrible flooding
that happened in KwaZulu-Natal and the Eastern Cape and those
who were affected by the fires in the Western Cape – my
condolences to their families. I also offer my condolences to
the Gardee family and to families who have lost their loved
ones through gender-based violence and femicide. I would also
like to add my congratulations to the new Chief Justice, Zondo
for his appointment and farewell to the outgoing Chief
Justice, Mogoeng Mogoeng.
The Portfolio Committee on Justice and Correctional Services
received a presentation of the 2022-23 annual performance plan
from the Office of the Chief Justice. The committee
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 56
appreciates the fact that all entities are operating in
difficult financial times, made worse by this pandemic in
various ways. On 23 August 2010, the President of South Africa
proclaimed the Office of the Chief Justice as a national
department within the public service by means of Proclamation
44 of 2010.
The establishment of the Office of the Chief Justice was
envisioned as the first phase towards an independent
judiciary-led court administration system in order to fully
realise the judiciary’s institutional independence in line
with the Constitution. The purpose of the Office of the Chief
Justice is to provide support to the Chief Justice in
executing administrative and judicial powers and duties as the
head of the judiciary and head of the Constitutional Court.
Chapter 14 of the National Development Plan explains the
important role that the judiciary has to play to strengthen
judicial governance and the rule of law. The Office of the
Chief Justice has a duty to support the judiciary in the
realisation of this vision. The Office of the Chief Justice
functions under the principles that the full realisation of
the country’s vision as articulated in the NDP will culminate
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 57
into a country that is accountable and progressive in its
political, economic and social standing.
In implementing its mandate, the Office of the Chief Justice
provides support to promoting accountability and fighting
corruption. The contribution to the NDP priority is done
through accelerating reform to implement a judiciary-led court
administration, ensuring an efficient court system, reducing
court administration in efficiencies and ensuring access to
justice. The Office of the Chief Justice also contributes to
Chapter 13 of the NDP, which is building a capable state by
ensuring good governance in the administration of the
department.
The fight against and elimination of fraud and corruption in
the public service remains one of our government’s priorities.
The late former President, Tata Mandela once warned us about
corruption, saying, and I quote: “Our hope for the future
depends also on our resolution as a nation in dealing with the
scourge of corruption. Success will require an acceptance
that, in many respects, we are a sick society.”
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 58
The Office of the Chief Justice has over the years put in
place strong measures to prevent fraud and corruption and this
work will be intensified during the 2022-23 financial year.
The Minister mentioned to the committee in his political
overview on 3 May 2022 that specialised commercial crimes
courts have been established in every province. This will
enable the courts to cope with the work.
As the Minister mentioned, there has been a rise in serious
commercial crimes and incidents of the COVID-19 corruption and
also the findings arising out of the Zondo Commission, which
was set up by our President. This meant that the establishment
of additional commercial crime courts had to be fast-tracked
and to be able to increase the capacity of the existing
courts. To date, specialised crimes courts have been
established in the provinces where such courts did not exist
before, like in Limpopo, Mpumalanga, Northern Cape and North
West provinces.
During the hon President Ramaphosa’s appearance at the Zondo
Commission, he said, and I quote:
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 59
The ANC has called for the commission. The ANC, in their
54th conference, had supported a judicial commission of
inquiry, and the ANC maintains that the commission was a
necessary part of the broader social effort to end all
forms of state capture and corruption.
Fighting crime and corruption and ensuring that all people
feel safe is the battle cry of thousands of women and
children. Statistics SA shows that there are about 30 million
females living in the country. According to the Office of the
Chief Justice, this growth in the population has a
socioeconomic impact which has the potential to overburden the
already overstretched judicial system. However, South Africa
aims to build the safer community by 2030 to ensure that
people living in the country feel safe and have no fear of
crime. This extends the protection to woman, children and the
vulnerable individuals in society.
The NDP envisages that communities should have confidence in
the criminal justice system to effectively apprehend and
prosecute criminals who violate community safety. The 2019
South African Sustainable Development Goals, the country
reports that it recognises that there is still a lot of work
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 60
that needs to be done in relation to the elimination of
violence against women.
The portfolio committee have passed the three gender-based
violence Bills which were signed by the President of the
country. These three Bills, the Criminal Matters Amendment
Act, the Domestic Violence Amendment Act and the Criminal Law
Sexual Offences and Related Matters Amendment Act has been
strengthened to go a long way in assisting women and children
against the violence done to them.
The Minister also informed the committee that the state of
pour justice services will be assessed to improve the level of
integration in the justice system and assess gender-based
violence infrastructure with a specific focus on the new Act
and the National Strategic Plan on Gender-based Violence and
Femicide. And I repeat, fighting crime and corruption and
ensuring that all people feel safe should be our battle cry.
The ANC supports this Vote No 27. I thank you, House
Chairperson.
Mr W HORN: Let me try again. This year we are indeed
celebrating the 25th year since our Constitution came into
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 61
operation. A Constitution, which as our supreme law, in a
deliberate and foundational manner, determined not only that
we are to be served by an independent judiciary, but which has
also entrusted our judiciary with the responsibility to act as
the final arbiter, not only when we have disputes with one
another, but also when we dispute the legality or lawfulness
of any action by those who exercise any public power.
One of the fundamental human rights we enjoy in terms of this
Constitution is freedom of speech. It is the exercise of this
freedom which enables even those who believe that the rule of
law must be replaced with the rule of man, by substituting the
supremacy of our Constitution with the supremacy of this
legislature, the national Parliament, to air this myopic view
in public. From our side, we are unequivocal in our support
for and our resolve to protect the supremacy of our
Constitution, the rule of law and the independence of our
judiciary.
The best protection against these attacks on the rule of law
is of course to ensure strong trust and confidence amongst
ordinary South Africans in the judiciary as an independent and
effective arm of state. On this score, the announcement by the
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 62
Minister during his political briefing to the portfolio
committee on the 3rd of May that this government is finally
ready to proceed to establish a judicially-led court
administration model, is appreciated. We would’ve welcomed and
appreciated it if he had included this in his budget speech
today. We call on the Minister to finalise this, as this is
long overdue and the almost decade-long standoff between the
judiciary and the executive on this issue served no other
purpose than to undermine the independence of the judiciary
and our constitutional democracy.
Quite possibly the one thing we have however learnt from this
protracted standoff is that this model will have to ensure
that a proper system is put in place to ensure not only the
operational independence of the judiciary but in a correlating
manner a system which will also ensure that the judiciary
properly accounts for its use of public funds. On this score,
the judiciary must take upon itself a leading role in making
the case backlog go away.
Accounting must also happen to this legislature, being the
authority entrusted by our Constitution with the appropriation
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 63
of public funds and being the authority entrusted with
oversight in respect of the spending of public funds.
Similarly, this system will, for the sake of the judiciary but
more importantly for the sake of our constitutional
dispensation, have to ensure that the judiciary properly deals
with all matters within its authority that holds the potential
to undermine and erode its own independence. This would in
simple terms mean that the judiciary must deal with
allegations of impropriety and misconduct in its own ranks in
a speedy, effective and transparent manner. The judiciary must
understand that its failure to do so invariably will hold the
dangerous potential that public trust and confidence in it
will be undermined and eroded.
While adding our voices to those who have used this debate to
congratulate Judge Zondo on his appointment as our Chief
Justice, we do so knowing that our new Chief Justice will need
no reminder that with great power comes great responsibility.
Another issue which will require the wisdom of Solomon from
our new Chief Justice, but in respect of which it is equally
important that he gives decisive and effective leadership in
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 64
order to prevent a situation where the trust and confidence of
South Africans in the judiciary will be undermined, is the
manner in which the Judicial Service Commission, JSC, under
his leadership will deal with interviews of potential judges.
Unfortunately, there is a growing perception that the JSC is
becoming merely a stage for political duels, manipulation and
score setting, to the point where good appointments to the
bench happen despite the JSC and sadly not because of it.
In addition, the time has indeed come to call on the JSC to
also work towards a course correction in respect of the way in
which it exercises it constitutional duty to consider the need
for the judiciary to broadly reflect the racial and gender
composition of South Africa when recommending candidates for
appointment to the bench.
The guidelines for the questioning of candidates for
nomination to the first Constitutional Court adopted in 1994,
right at the dawn of our democracy, in very clear terms stated
that if our Constitution makers clearly did not opt for a
court which should represent the races and genders in direct
proportion to their share of the national population, it must
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 65
follow that the JSC cannot act as if this was indeed the case.
Now is the time for the JSC, in embracing the foundational
principles of our Constitution, which includes nonracialism
and nonsexism, to be guided again by this and another portion
of the 1994 guidelines which I, in conclusion, quote and which
in an instructive manner directs as follows:
The Constitution-maker is not concerned with the interests
of the individuals who, by appointment to the Court, might
benefit from its instruction. Its concern is with the
effectiveness of the Court as an instrument of justice.
I repeat, “Its concern is with the effectiveness of the Court
as an instrument of justice”. I thank you.
The TEMPORARY CHAIRPERSON (Ms R M M Lesoma): Thank you, hon
member. Hon members, we shall proceed to hon Nqola. Hon Nqola,
I’m sure you have been advised that you have an additional
five minutes. That will give you 18 minutes. Also, hon
Minister, you have the additional five minutes that you left
earlier on and also from the Deputy Minister, which makes it
an additional seven minutes. Over to you, hon Nqola.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 66
Mr X NQOLA: Can you hear me House Chair?
The HOUSE CHAIRPERSON (Ms R M M Lesoma): Yes, I can now thank
you very much.
Mr X NQOLA: House Chair, I was saying please allow me to have
my video off, I am ... [Inaudible.]
The HOUSE CHAIRPERSON (Ms R M M Lesoma): Okay, you are
permitted. Permission granted.
Mr X NQOLA: Hon House Chairperson, on the occasion of the
debate on budget vote 27, I wish to express my deepest
condolences to the families who lost their loved ones in the
devastating floods in KwaZulu-Natal. Many families lost their
homes, belongings and so much more. The natural disaster could
not have come at a worse time. The country and the world at
large are still grappling with the negative effects of the
COVID-19.
But even as we face these difficulties as a people, it is
perhaps important to remind ourselves of what Former President
General Oliver Tambo, Thabo Mbeki said:
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 67
Gloom and despondency have never defeated adversity.
Trying times need courage and resilience. Our strength as
a people is not tested during the best of times.
House Chairperson, in keeping with celebrations of the 25th
anniversary of the Constitution, it is perhaps necessary to
reflect on its genesis. Constitutional principle four of the
constitutional principles negotiated at the multi-party
negotiating process in the early 90s and annexed to the
interim Constitution, provided that:
There shall be a separation of powers between the
legislature, executive and judiciary, with appropriate
checks and balances to ensure accountability,
responsiveness and openness.
When certifying the 1996 Constitution, the Constitutional
Court had to consider whether the new Constitution did indeed
comply with this principle. In responding to the challenges
raised to the text of the Constitution the court reasoned
that:
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 68
There is, however, no universal model of separation of
powers, and in democratic systems of government in which
checks and balances result in the imposition of
restraints by one branch of government upon another,
there is no separation that is absolute.
The doctrine of separation of powers, on the one hand,
recognises the functional independence of branches of
government. On the other hand, the principle of checks and
balances focuses on the desirability of ensuring that the
constitutional order, as a totality, prevents the branches of
government from usurping power from one another.
In this sense it anticipates the necessary or unavoidable
intrusion of one branch on the terrain of other. No
constitutional scheme can reflect a complete separation of
powers. The scheme is always one of partial separation.
The drafters of the first democratic South African
Constitution regarded the separation of powers not as a goal
in itself, but a means to democracy and the good governance.
To prevent a government pre-occupied with its own self-
interest, detached from the people and inclined to non-
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 69
transparent backroom politics. The Constitution would have to
distribute political power between the different branches of
government. Bodies like the Magistrates Commission and
Judicial Services Commission play an important role in the
administration of justice and protecting judicial
independence.
Separation of powers, an independent judiciary and respect for
the rule of law, are some of the democratic gains which must
be defended. An independent judiciary is a fundamental element
of democracy. As the ANC, we reiterate our support for it.
House Chairperson, another democratic gain is our
constitutional democracy which is based on the will of the
people. We shall all remember, the Freedom Charter that has
instructed South African society that, the will of the people
... the people govern.
The practicality of this provision was that the legislature,
which did not represent the will of the majority of the
people, could enact whatever legislation it desired. The
result of which was the enactment of repressive laws and
denial of human rights.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 70
Unlike in the present day constitutional democracy, courts
during apartheid did not have the power of judicial review by
which they could determine the legality of acts of Parliament.
Instead, courts were confined to interpreting legislation.
Our Constitution is internationally acclaimed as progressive.
It guarantees first, second and third generation rights. Our
courts are empowered to interpret and enforce the
Constitution. Rich jurisprudence giving effect to the Bill of
Rights has been developed by our courts.
The mandate of the Office of the Chief Justice is to provide
effective administrative and technical support to the Chief
Justice as the head of the Judiciary and the Constitutional
Court. The Office of the Chief Justice was established as a
measure to promote and reaffirm the principle of judicial
independence, as guaranteed by section 165 of the
Constitution.
The Office of the Chief Justice, OCJ’s core function is that
of providing administrative support to the judiciary and has
adopted the following strategic outcomes; effective and
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 71
efficient administrative support, improved court efficiency,
enhanced judicial education and support.
In this way, the OCJ responds to Chapter 14 of the National
Development Plan ‘Promoting accountability and fighting
corruption’, particularly contributing to the focal area
‘strengthen judicial governance and the rule of law’ by:
Accelerating reforms to implement a judiciary-led court
administration, ensuring an efficient court system, reducing
inefficiencies in the administration of the courts, and
ensuring access to justice.
Hon House Chairperson, last year during the debate on this
budget vote, we acknowledged that COVID-19 and the national
lockdown had a negative bearing on the operations of the
courts. We are concerned about the workload in our courts
which has increased the backlog of cases.
We reiterate that we do not wish to see the legal system
overwhelmed and the right to access to justice undermined.
Justice delayed is justice denied. It is vital to ensure that
the courts have sufficient capacity in order to efficiently
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 72
deliver court services in line with the standards and the
court rules.
It has been reported that during the 2022-23 financial year,
the OCJ will continue with digitisation of the court system,
with a focus on prioritisation of court online and the
digitisation of court records, as well as the e-Judiciary
system.
It has also been reported that, to strengthen access to its
services, the department plans to employ five researchers and
19 registrars over the period. This additional capacity will
enable it to increase the percentage of default judgments
finalised within 14 days and ensure that all warrants of
release are delivered within one day of being issued. Funding
for these initiatives is with the Superior Court Services
programme’s allocation of R2,8 billion over the Medium Term
Expenditure Framework period.
Lastly, we wish our newly appointed Chief Justice Zondo
everything of the best in his new role. The ANC supports this
budget vote.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 73
The HOUSE CHAIRPERSON (Ms R M M Lesoma): Thank you, hon
member, hon members before we recognise the hon Minister, I
just want to draw to your attention in terms of Rule 88,
reflections upon judges and certain other holders of the
public office:
No member may reflect upon the competence or integrity of a
judge of a superior court, the holder of a public office in
a state institution supporting constitutional democracy
referred to in section 194 of the Constitution or any other
holder of an office (other than a member of the government),
whose removal from such office is dependent upon a decision
of the House, except upon a separate substantive motion in
the House presenting clearly formulated and properly
substantiated charges, which, if true, would in the opinion
of the Speaker, prima facie warrant such a decision.
I thought that I must bring to attention in terms of that Rule
88, I understand that the Deputy Minister felt upon himself to
deal with that matter. We were still going to make a decision
upon that hon members. So we must be mindful of the rules and
how we engage in our debates.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 74
The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Hon House
Chairperson, I welcome the rule and the ruling that you have
just given now. It will protect our constitutional democracy
from the howlers and the people who just bring unsubstantiated
allegations against the members of the judiciary. It’s a very
important rule which I hope will be used to continuously
remind members and some of these unsubstantiated allegations
will be struck off the record of this House.
The infrastructure issues raised is a point of concern, even
for the executive, hence we have meetings with the Department
of Public Works and Infrastructure to look at the issues of
devolving some of the powers which are vesting within that
department to help the department to also have some of these
delegated responsibilities to be handled by them on some of
the ad hoc maintenance issues that the departments could be
able to handle. And this will also have to be followed, not
only with the powers that are devolving, but also with the
budget that will also enable these two departments in terms of
skills in the infrastructure space like engineers and relevant
skills like artisans, even to just have a handyman who can
just be employed to change a globe; I mean sometimes you don’t
really need a tender to change a globe. So, we are all looking
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 75
at some of those ... to just have some these basic
maintenance, to change a broken window and all that. But also
to some of the ad hoc maintenance that the departments can be
able to handle. So, indeed, this is a matter of priority and
we are in discussion with public works and we are hopeful that
we will be able to conclude the discussion soon. And as I’ve
said when I was briefing the committee, one of the sticking
point that we are finding a solution on is the issue of the
devolution of these powers should go with the budget because
if it does not go with the budget the devolution of the power
will be meaningless because the departments may not be able to
execute the mandate. And that goes with this discussion and
hopefully we will find a solution because the court
infrastructure across the country is facing severe challenges
that need immediate attention from all of us. And we want to
thank the portfolio committee for their work of oversight
across the country which has exposed and also made them aware
of some of the challenges that the courts are facing. And I do
believe with what the portfolio committee has pointed to us,
which we have also sent to the Department of Public Works, we
will be able to find a solution soon.
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 76
I also want to state categorically on the issue with regard to
the current Chief Justice and the current process of
appointment of the Chief Justice that for the first time in
the history of our democracy the President of the Republic of
South Africa shared his powers to participate, and even
recommend who could be the Chief Justice. It was the most
transparent, the most open process which involved everyone.
And the Chief Justice, who has been appointed, is an outcome
of the most involved forms of participation the country can
ever have. It is very unfortunate that even with the President
sharing his powers with everyone, there is still people who
find ways to accuse him of judicial capture attempts. If he
wanted to capture the judiciary or if he had such an ambition,
he would have not shared his power, he would have not been
transparent in the appointment of the Chief Justice. But to
show that the President has got no ulterior motive other than
the interests of the country as espoused in the Constitution,
he said the fact that he has got the power which he could have
exercised, used and still be within the ambits of the
Constitution and still be protected, he said let me allow the
people of this country, give them an opportunity to play a
role. And this is something that should be commendable and the
President should be appreciated for sharing this power and
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 77
responsibility with the people of this country. And for that
reason, there cannot be any basis by anyone, including the EFF
for that matter, to want to argue and come with unfounded
attempts of a judicial capture.
I also want to state categorically that the courts have ruled
with regard to the bank statements issues that have been
raised here. There are checks and balances in our court
system. The court has made a ruling on the matter and the
matter is within the confines of the Constitution, it is
within the parameters of our laws as a country. You cannot
have untrammelled and unlimited private access to personal
information of anyone in the country. Hence we even have the
information regulator, we have various bodies aimed to protect
the information and also to protect individuals in this
country. That is also another unfounded statement that has
been made by hon Yako. I hope that she will go and read the
judgement to get tenants of our democracy and of our
Constitution, the architecture that protects everyone,
including herself.
There is no Arthur Brown there that was denied to present
information of national intelligence nature. Maybe she made an
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 78
error, she may need to go and research because Arthur Brown is
a person that we had on our correctional facilities, is a
person that hon members will remember with regard to the
Fidentia scandal. I think maybe she needs further research. In
future she needs to check properly her facts and also check
proper the names of people that she wants to talk about.
Because it’s very dangerous to just talk about names of people
without checking properly, you’ll end up having lots of
problems of clarifying and not being able to substantiate your
views of mentioning names without verifying. It’s the hallmark
of lack of diligence in your parliamentary work.
With regard to this issue of the budget cuts, I agree that it
is an issue of concern even for us as the department, it’s a
big concern that we have and while we do say that ...
Xitsonga:
... vana va munhu va tsemelana nhloko ya njiya.
English:
... we have to do with the limited resources that we have. We
still continue to understand that this is a big challenge and
we will continue to find ways of living within what we
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 79
currently have and trying to resolve these budgetary
challenges as we move forward.
I agree with hon Singh on the afro barometer that speaks about
the confidence of the people of this country on the judiciary.
In fact, that is the proper reference point in terms of the
confidence to the judiciary because it’s a scientific method
that has been used to assess the trust of the people. Any
other insinuations are out of a political expediency and is
not informed by any scientific assessment that has been done.
So, the afro barometer is something that for us to restore the
trust and the credibility beyond the 40% that the afro
barometer has set. We must desist from making unsubstantiated
allegations, we must allow the judiciary to do their job
without any fear, favour or prejudice, allow them to exercise
the powers entrusted to them by the Constitution.
I also agree on the issues of efficiency in terms of the
digital platforms that the Office of the Chief Justice can use
to enable them to achieve efficiency.
With regard to the reports on state capture, from the comments
that have been raised, the commission of inquiry was appointed
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 80
by the former President, they wanted to ensure that we go into
the bottom of the matter and we now have some of the reports
of the commission; instalments of the reports. And the
intention is to ensure that they are implemented to the
latter. As members are aware, it may not be an overnight
thing, but it’s something that needs to be carefully
considered by everyone including the law enforcement agencies
and ensure that the implementation is above reproach, it can
be able to withstand any scrutiny in a court of law or on any
platform. So, I do think we need to allow them and give them a
chance to implement these recommendations and reports of the
state capture commission.
Hon Horn will be pleased to hear that all the documents he has
referred to, from 1994, in terms of the work of the Judicial
Service Commission, were reference point in the last meeting
of the Judicial Service Commission. And the commission went
through a workshop before the sitting and we have gone through
all those documents including the protocols that have been
established over time by even various international bodies and
the work. So, hon Horn, those documents have been put into
good use in the last sitting of the Judicial Service
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 81
Commission and the commission intends to continue to put them
into good use.
I agree with hon Nqola on the facts that the tenants of our
constitutional democracy should continue to be respected and
should continue to help us to be a functioning nation. We have
been able to function for the past 25 years in our
constitutional democracy and the lessons that we have learned
in that 25 years, we need to use them to propel ourselves to
go forward, including some of the ground-breaking ...
[Inaudible.] on socioeconomic rights by our courts because we
are now in a phase where we need to deal with challenges of
inequality. The transformative agenda has to be entrenched
through the interpretation and the socioeconomic rights by our
courts. And it is in that regard that we have to continue to
ensure, even within the executive, the various laws that are
aimed to empower the people of this country, the Black
Economic Empowerment, BEE, laws which we have to look into
again in terms of the preferential procurement framework that
are aimed to set aside for particular vulnerable groups.
Cabinet is looking into all those issues to ensure that we
continue to bring this empowerment to the people of our
country. So, we have no intention of abandoning, but we have
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 82
an intention of complying and doing it in line with the
judgement. And the transformatory agenda in terms of bringing
equality, economic empowerment, it’s what must now take us
into the next phase of our democracy, beyond the 25 years
where we had laid all the rights, now we have to look into
ensuring that there is equality, socioeconomic rights are
achieved.
I want to thank the portfolio committee for giving me this
opportunity to present the budget vote and also the work that
the Department of the Office of the Chief Justice has done.
I also want to clarify, hon Horn, that even in the
presentation to the portfolio committee I was clear that the
executive is now ready to engage on the research that was done
by the judiciary. Because we have also done our own research
to be able to respond to the judicial governance and
administration model. Maybe hon Horn might have missed it, I
also said it now in this budget vote, in the main speech, that
we are now ready and we are ready to engage and respond to the
inputs that were made by the judiciary in terms of what
judicial administration for government model [Time expired.]
we will engage with them in terms of what is the view of the
UNREVISED HANSARD
MINI PLENARY - NATIONAL ASSEMBLY
THURSDAY, 12 MAY 2022
VOTE NO 27 – OFFICE OF THE CHIEF JUSTICE
Page: 83
executive [Inaudible.] and protect the dependency of the
judiciary. I do believe we will be able to find each other in
this engagement.
Hon House Chairperson, thank you very much and thank you very
much to all the members in the House.
Debate concluded.
Business of the day concluded.
The Mini Plenary rose at 18:25
Audio
No related