Date: 30/07/2004
Source: Ministry of Justice and Constitutional Development
Title: B Mabandla: Grahamstown High Court celebration dinner
ADDRESS BY THE MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT, MS BRIGITTE MABANDLA, MP, AT THE GRAHAMSTOWN HIGH COURT CELEBRATION DINNER, Grahamstown, 30 July 2004
Programme Director
Chief Justice, Arthur Chaskalson
Esteemed Guests
Judges of the Eastern Cape Division
Members of the Grahamstown Attorneys Association
Legal Practitioners
Ladies and Gentlemen
It is an honour for me to address this respectable gathering this evening. Thank you for the kind invitation to this special occasion of celebrating the opening of the Grahamstown High Court.
I would like to start off by thanking the legal profession for the support, over the years, in our quest to build a legal order that is compatible with our Constitutional order. Because this is a complicated process it is taking quite some time. But it is a transformation process that we are fully committed to. It is our contention that South Africans in all areas of our society, with the necessary skills and energy, can play a potentially positive role in seeking to build a South African nation. As President Mbeki remarked at the opening of the Constitutional Court's new building early this year, "As South Africans, we are all partners in the great enterprise of ensuring that the promise of our Constitution is fully realised, making a positive impact on the lives of all our citizens."
Clearly then, the promise of our Constitution can only come to fruition if we all work together to translate these promises into a living reality for the people of this country. There is little, if any, doubt that in the first decade of democracy, important changes have taken place within the legal profession. There is no doubt that we now have an attorney's profession that has had to adapt and transform in accordance to new demands of a democratic dispensation.
The attorneys' profession has displayed commitment to the improvement of our society in line with our Constitution that provides for a better life for all our people. Many of you perform much needed pro bono work in your communities, which enhances access to justice for all. In doing so, you have followed the advice of the former Chief Justice Ismael Mohamed, who insisted that "The Constitution has eloquently repudiated the racist foundations upon which that past was premised in ringing terms but it cannot itself repudiate or reverse the cruel consequences of that past which manifest themselves in massive disparities in the socio-economic conditions of different communities."
This is a process that we together, in government and in the legal profession, have had to negotiate with great skill, sometimes with frustration but with dodged persistence. In his address at the official opening of the new building of the Constitutional Court, the Chief Justice, Arthur Chaskalson described quite eloquently, the challenges that faced us in the first decade of democracy. He said that the "building of the legal order that the Constitution contemplates is like a painting on a huge canvas, many parts of which remain to be filled. Indeed, in the past nine years, we have only begun to sketch the outlines of the new legal order, and an enormous amount of detailed work remains to be done. The work is never ending, for law is not static. It evolves, as responses are demanded to the changing needs of society and to the different issues that constantly arise in the complex world in which we live. The outlines are, however, sufficient to enable us to identify the contours of the picture that must emerge. It is of a legal order that will strengthen democracy; facilitate development and the attainment of the constitutional goal of improving the quality of life of all citizens, and of freeing the potential of each person. It is of a society which respects which respects the founding values of human dignity, freedom and equality."
We are therefore grateful that the attorneys' profession still finds time to enter into strategic partnerships with government and other relevant stakeholders to improve access to justice for all the people of this country, especially those in rural areas. It is critical that legal practitioners take the initiative in transforming the legal profession and make it relevant and respectable to the general society.
The legal profession has become one of valued partners in ensuring the accessibility of justice to all our people, especially those in rural areas through the Small Claims Courts. Many attorneys and advocates serve voluntarily as commissioners and are the driving force behind the process. Your contribution in this regard is invaluable. Central to the provision of informal and inexpensive services to the poor and the indigent is the services provided by the Small Claims Courts. We need to work together to ensure that these courts become the instrument for stimulating economic growth in rural areas. The increase in February 2004 of the small claims jurisdiction to R7000 has, on the one hand increased the demand for their services, while on the other hand it has reduced the scope of work of small emerging practitioners from getting briefs on civil claims below the stipulated amount.
We are therefore looking at ways of addressing the plight of small attorneys who are negatively affected by the non-availability of legal aid work and the increased jurisdiction for small claims. We are also looking at new and improved travel allowances for Commissioners. This step has the potential of enhancing the performance of these courts and at the same time encouraging more practitioners to avail themselves for this vital work.
These courts have a crucial role to play and this is especially the case in small and remote settlements and rural areas. We believe that the courts have the potential to make a tangible difference in the way that civil justice is dispensed. We are therefore considering setting up circuit courts that will cover most of these areas. We now have 152 Small Claims Courts operating throughout the country, more than 25 of them designated to rural areas.
I am pleased to note that a number of law societies around the country are taking a close look at redefining the legal practitioners' terrain of operation by widening the skills of legal practitioners and confronting the new challenges facing them in a democratic South Africa. Clearly, this will be vital if legal practitioners are to overcome the daunting but no insurmountable challenges in the legal practice terrain.
We are also getting closer to the regulation of all legal practitioners within a single statutory framework. No doubt this matter is very close to your hearts, as it is to ours. The process of re-regulating the profession into a unified and independent legal profession, which will serve the interests of justice, the public and the members of the profession, has proved to be more complex and far more complicated and difficult than was originally perceived.
The debate around the re-regulation of the profession into a unified and independent legal profession which will serve the interests of justice, the public and the members of the profession, have been around for a long time. I remember participating is some of these about ten years ago.
Because of fundamental differences between the advocates and attorneys professions, there are outstanding issues with regard to the Bill. One of the main differences between the various components of the legal profession, especially attorneys and advocates revolves around the issue of the "model of governance" for the unified profession. It is vital that the profession reach some consensus so that we can move forward.
While our intention is to finalise the Bill as soon as possible, we will not unnecessarily rush this important piece of legislation for the sake of getting it to Parliament at any cost, and eventually finding out that we have a product, which is not in the best interests of a sound and stable legal profession.
Turning to the rationalisation of High Courts, significant progress has been made towards a process that would bring the court structure in line with that of our post 1994 provincial demarcations.
As you would know, the names, seats and jurisdictions of the High Courts are still reflective of the apartheid state and the Bantustans. The Superior Courts Bill is meant to rectify these discrepancies and legacies we inherited, by rationalising the former Supreme Court of South Africa and the High Courts of the former TBVC States. It also deals with the integration of the Labour Court and Labour Appeal Court into the High Court system. This rationalisation will bring the court structure in line with our post 1994 dispensation.
To conclude, as we stand of on the threshold of the dawn of a new decade of democracy, it is imperative that the full picture of the legal order, that our Constitution contemplate, begins to emerge. Your efforts whether big or small are highly valuable and help to nudge us a step closer to the improvement of the quality of life for all the people of this country.
Thank you.
Issued by: Ministry of Justice& Constitutional Development
30 July 2004
Source: Department of Justice& Constitutional Development (http://www.doj.gov.za)
Source: Ministry of Justice and Constitutional Development
Title: B Mabandla: Grahamstown High Court celebration dinner
ADDRESS BY THE MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT, MS BRIGITTE MABANDLA, MP, AT THE GRAHAMSTOWN HIGH COURT CELEBRATION DINNER, Grahamstown, 30 July 2004
Programme Director
Chief Justice, Arthur Chaskalson
Esteemed Guests
Judges of the Eastern Cape Division
Members of the Grahamstown Attorneys Association
Legal Practitioners
Ladies and Gentlemen
It is an honour for me to address this respectable gathering this evening. Thank you for the kind invitation to this special occasion of celebrating the opening of the Grahamstown High Court.
I would like to start off by thanking the legal profession for the support, over the years, in our quest to build a legal order that is compatible with our Constitutional order. Because this is a complicated process it is taking quite some time. But it is a transformation process that we are fully committed to. It is our contention that South Africans in all areas of our society, with the necessary skills and energy, can play a potentially positive role in seeking to build a South African nation. As President Mbeki remarked at the opening of the Constitutional Court's new building early this year, "As South Africans, we are all partners in the great enterprise of ensuring that the promise of our Constitution is fully realised, making a positive impact on the lives of all our citizens."
Clearly then, the promise of our Constitution can only come to fruition if we all work together to translate these promises into a living reality for the people of this country. There is little, if any, doubt that in the first decade of democracy, important changes have taken place within the legal profession. There is no doubt that we now have an attorney's profession that has had to adapt and transform in accordance to new demands of a democratic dispensation.
The attorneys' profession has displayed commitment to the improvement of our society in line with our Constitution that provides for a better life for all our people. Many of you perform much needed pro bono work in your communities, which enhances access to justice for all. In doing so, you have followed the advice of the former Chief Justice Ismael Mohamed, who insisted that "The Constitution has eloquently repudiated the racist foundations upon which that past was premised in ringing terms but it cannot itself repudiate or reverse the cruel consequences of that past which manifest themselves in massive disparities in the socio-economic conditions of different communities."
This is a process that we together, in government and in the legal profession, have had to negotiate with great skill, sometimes with frustration but with dodged persistence. In his address at the official opening of the new building of the Constitutional Court, the Chief Justice, Arthur Chaskalson described quite eloquently, the challenges that faced us in the first decade of democracy. He said that the "building of the legal order that the Constitution contemplates is like a painting on a huge canvas, many parts of which remain to be filled. Indeed, in the past nine years, we have only begun to sketch the outlines of the new legal order, and an enormous amount of detailed work remains to be done. The work is never ending, for law is not static. It evolves, as responses are demanded to the changing needs of society and to the different issues that constantly arise in the complex world in which we live. The outlines are, however, sufficient to enable us to identify the contours of the picture that must emerge. It is of a legal order that will strengthen democracy; facilitate development and the attainment of the constitutional goal of improving the quality of life of all citizens, and of freeing the potential of each person. It is of a society which respects which respects the founding values of human dignity, freedom and equality."
We are therefore grateful that the attorneys' profession still finds time to enter into strategic partnerships with government and other relevant stakeholders to improve access to justice for all the people of this country, especially those in rural areas. It is critical that legal practitioners take the initiative in transforming the legal profession and make it relevant and respectable to the general society.
The legal profession has become one of valued partners in ensuring the accessibility of justice to all our people, especially those in rural areas through the Small Claims Courts. Many attorneys and advocates serve voluntarily as commissioners and are the driving force behind the process. Your contribution in this regard is invaluable. Central to the provision of informal and inexpensive services to the poor and the indigent is the services provided by the Small Claims Courts. We need to work together to ensure that these courts become the instrument for stimulating economic growth in rural areas. The increase in February 2004 of the small claims jurisdiction to R7000 has, on the one hand increased the demand for their services, while on the other hand it has reduced the scope of work of small emerging practitioners from getting briefs on civil claims below the stipulated amount.
We are therefore looking at ways of addressing the plight of small attorneys who are negatively affected by the non-availability of legal aid work and the increased jurisdiction for small claims. We are also looking at new and improved travel allowances for Commissioners. This step has the potential of enhancing the performance of these courts and at the same time encouraging more practitioners to avail themselves for this vital work.
These courts have a crucial role to play and this is especially the case in small and remote settlements and rural areas. We believe that the courts have the potential to make a tangible difference in the way that civil justice is dispensed. We are therefore considering setting up circuit courts that will cover most of these areas. We now have 152 Small Claims Courts operating throughout the country, more than 25 of them designated to rural areas.
I am pleased to note that a number of law societies around the country are taking a close look at redefining the legal practitioners' terrain of operation by widening the skills of legal practitioners and confronting the new challenges facing them in a democratic South Africa. Clearly, this will be vital if legal practitioners are to overcome the daunting but no insurmountable challenges in the legal practice terrain.
We are also getting closer to the regulation of all legal practitioners within a single statutory framework. No doubt this matter is very close to your hearts, as it is to ours. The process of re-regulating the profession into a unified and independent legal profession, which will serve the interests of justice, the public and the members of the profession, has proved to be more complex and far more complicated and difficult than was originally perceived.
The debate around the re-regulation of the profession into a unified and independent legal profession which will serve the interests of justice, the public and the members of the profession, have been around for a long time. I remember participating is some of these about ten years ago.
Because of fundamental differences between the advocates and attorneys professions, there are outstanding issues with regard to the Bill. One of the main differences between the various components of the legal profession, especially attorneys and advocates revolves around the issue of the "model of governance" for the unified profession. It is vital that the profession reach some consensus so that we can move forward.
While our intention is to finalise the Bill as soon as possible, we will not unnecessarily rush this important piece of legislation for the sake of getting it to Parliament at any cost, and eventually finding out that we have a product, which is not in the best interests of a sound and stable legal profession.
Turning to the rationalisation of High Courts, significant progress has been made towards a process that would bring the court structure in line with that of our post 1994 provincial demarcations.
As you would know, the names, seats and jurisdictions of the High Courts are still reflective of the apartheid state and the Bantustans. The Superior Courts Bill is meant to rectify these discrepancies and legacies we inherited, by rationalising the former Supreme Court of South Africa and the High Courts of the former TBVC States. It also deals with the integration of the Labour Court and Labour Appeal Court into the High Court system. This rationalisation will bring the court structure in line with our post 1994 dispensation.
To conclude, as we stand of on the threshold of the dawn of a new decade of democracy, it is imperative that the full picture of the legal order, that our Constitution contemplate, begins to emerge. Your efforts whether big or small are highly valuable and help to nudge us a step closer to the improvement of the quality of life for all the people of this country.
Thank you.
Issued by: Ministry of Justice& Constitutional Development
30 July 2004
Source: Department of Justice& Constitutional Development (http://www.doj.gov.za)
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