Lamola gives Moseneke task of making justice accessible

Four retired judges have six months to tell the justice department how to improve SA’s high courts and ensure access to justice.

A newly established committee is assessing the location of the region’s main courts (including provincial seats) plus the ratio of high court judges to a province’s population.

Former deputy chief justice Dikgang Moseneke chairs the body established by justice minister Ronald Lamola, to reimagine SA’s high courts. Moseneke is joined by former public prosecutions deputy director Silas Ramaite; former judge president of the Western Cape Jeanette Traverso; and retired chief magistrate Renuka Subban, who presided in the Verulam magistrate’s court.

Among the tasks Moseneke’s team faces is determining global best practice in ensuring access to justice. Consequently, the committee will need to engage with Legal Aid SA, the prosecuting authority and police. Considering the long distances the poor have to travel to access courts, the committee may propose major changes to SA’s courts. “To some extent [interior] jurisdictional boundaries are being re-examined,” said ministry spokesperson Chrispin Phiri.

The justice and constitutional department will draw on the report’s findings to tackle problems in SA’s high courts. Phiri said “lingering effects of apartheid judicial demarcations and spatial planning” obstruct civilians’ access to justice, and some litigants travel excessive distances to reach the court.

The committee follows the government’s efforts to “rationalise” the judicial system by establishing high courts in those provinces that previously had none. For example, the main seat of Mpumalanga’s high courts was opened in Mbombela in May 2019.

According to Phiri, the lower courts’ improvement (or rationalisation) is near completion.

Lamola gave Moseneke a vote of confidence midway through their first month of

TO SOME EXTENT JURISDICTIONAL BOUNDARIES ARE BEING RE-EXAMINED

work. “I have no doubt that this committee … will deliver a report that will bring our systems in line with the best global practices,” he said.

Phiri said the purpose of the committee’s work was to reimagine SA’s high courts, but implementation based on its findings would depend on their feasibility. “We’ll still have to assess the costs,” said Phiri.

The committee must file its report by April.