Justice Matters

The Portfolio Committee on Justice and Correctional Services is extremely concerned at the lack of progress in resolving land claims and, in particular, the role of the Land Claims Court in this regard. Despite an increase in the case finalisation rate, the Committee does not believe that the Court is doing enough. The land question is at the heart of poverty, unemployment and inequality: the failure to settle land claims in a timely fashion may encourage people to take the law into their own hands. The Committee is planning a visit to the Land Claims Court as soon as its programme permits and has identified the need to convene a workshop with stakeholders

MPs noted that in 2015/16 the Department of Justice and Correctional Services was able to upgrade a further 14 courtrooms to dedicated sexual offences courts bringing the total to 47 courts. They were pleased at the progress as these courts reinforce the establishment of a victim-centred court system but is troubled that funding constraints adversely affect the pace at which this project can be rolled out.

Legal Aid SA’s budget goes largely towards funding legal representation of accused in criminal matters, as there is a constitutional obligation on the State to assist accused persons without legal representation. Lawmakers were concerned at the extent to which criminal matters are prioritised over civil matters. This model is rooted in the past and does not necessarily speak to the current challenges that the country is facing. They argued that if the entity is not unable to ensure greater balance between the criminal and civil work, there is great risk of undoing our democracy as the legitimacy of the judicial system is brought into question. Without additional funds, MPs could not see how Legal Aid SA can significantly expand its civil work, despite the very real need of South Africans for assistance in this regard. To better address this problem, MPs advised that community structures, such as traditional and community courts, can do much to relieve the burden on Legal Aid SA. These structures, which are made up of community members, operate in terms of restorative justice rather than the adversarial stance of formal courts, so doing away with the need for legal representation in certain cases.