Legal panel moots major shake-up to judiciary
Experts led by Moseneke release interim report
The make-up of the judiciary in the Eastern Cape and the rest of the country is set for a major shake-up should the recommendations in the interim report produced by a panel of experts appointed to investigate impediments to access to justice sees the light of day.
Minister of Justice and Correctional Services Ronald Lamola a year ago appointed former deputy chief justice Dikgang Moseneke to chair a rationalisation committee tasked with identifying and finding solutions to barriers for access to justice.
Moseneke was joined by Jeannette Traverso, former deputy judge president of the Western Cape High Court, Renuka Subban, retired chief magistrate of Verulam magistrate’s Court in Kwazulu-natal and Silas Ramaite, retired deputy national director of public prosecutions.
The team has now furnished Lamola with an interim report. When it comes to the Eastern
Cape, the panel recommended that the main seat of the Eastern Cape Division be moved to Bhisho from Makhanda.
The committee also threw a lifeline to the people of Matatiele and Maluti, who must travel more than two hours to access courts in neighbouring Kwazulu-natal. Moseneke and his colleagues said the two towns be “removed from the jurisdiction of the Kwazulu-natal Division, Pietermaritzburg and be included in the jurisdiction of the Eastern Cape Local Division, Mthatha. Matatiele and Maluti fall within the boundary of the Eastern Cape.
Free State:
The committee recommended that a new local seat be established in Welkom to exercise jurisdiction over the magisterial districts of Fezile Dabi and Thabo Mofutsanyana.
Gauteng:
Moseneke and his team said
Pretoria should continue to be the main seat of the Gauteng Division of the High Court and exercise jurisdiction over the magisterial districts of Tshwane Central, Tshwane North and Tshwane East.
The committee also asked that Pretoria continue to exercise jurisdiction over the Madibeng magisterial district including the sub-district of Ga-rankuwa until a new local seat is established at Rustenburg in the North West.
The experts also asked that a new local seat to be established in Palm Ridge, which will exercise jurisdiction over Ekurhuleni Central, Ekurhuleni East, Ekurhuleni North, Ekurhuleni South East, Emfuleni, Lesedi and Midvaal.
Kwazulu-natal:
The committee said the main seat of the Kwazulu-natal Division of the High Court should remain at Pietermaritzburg.
Another recommendation is that a second local seat of the Kwazulu-natal Division of the High Court be established in Richards Bay, which will exercise jurisdiction over the magisterial districts of King Cetshwayo, umkhanyakude, umzinyathi and Zululand.
Limpopo:
Polokwane must continue being the main seat of the division. The committee called for the Limpopo Local Division of the High Court, Lephalale, be disestablished “and that the magisterial districts falling within its area of jurisdiction be included within the area of jurisdiction of the main seat”.
Mpumalanga:
The Committee recommended that the main seat of the Mpumalanga Division of the High Court remains at Mbombela.
Northern Cape:
Besides recommending that the main seat of the Northern Cape Division remains at Kimberley, the committee asked that new local seat should be established at Upington to exercise jurisdiction over the ZF Magcawu and Namaqualand magisterial districts.
North West:
The main seat of the North West Division of the High Court will still be Mahikeng, while a new local seat of the North West Division of the High Court will be established in Rustenburg and will exercise jurisdiction over the following magisterial districts: Kgetlengrivier, Moses Kotane and Rustenburg.
“Madibeng and Moretele magisterial districts will be served by the Gauteng Division of the High Court, Pretoria in the interim until the local seat at Rustenburg is established.”
Western Cape:
Cape Town will continue being the main seat of the division.
However, the committee recommended that a local seat of the Western Cape Division of the High Court be established at Thembalethu to exercise jurisdiction over the magisterial districts of Garden Route and Central Karoo.
“The Murraysburg area should continue to be served by the Eastern Cape Division of the High Court, Grahamstown, until a local seat is established at Thembalethu.”
Moseneke called on members of the public and members of the legal profession to make their inputs, which they will consider in preparing the final report.
“It is welcome that our constitutional arrangements seek to enhance access to justice. The promise is there. Even so, much less has been done to enhance access to justice. That the areas under the jurisdiction of the divisions of the high court have not been rationalised means that the legacy of colonialism and apartheid continues to plague South Africa.
“Communities in remote rural areas are frequently forced to travel long distances, at a huge cost, to access courts,” he said.