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Date : 05/10/2004
Source: The Presidency
Title: J Zuma: Opening of Port Elizabeth Magistrate's Court


ADDRESS BY DEPUTY PRESIDENT J ZUMA AT THE OFFICIAL OPENING OF THE PORT ELIZABETH MAGISTRATE'S COURT, 05 October 2004

Honourable Ministers of Justice and Constitutional Development and Public Works, Ms Mabandla and Ms Sigcau,
Honourable Premier Balindlela,
Honourable Mayor Faku,
Distinguished Guests,

It gives me immense pleasure to be part of this event which is important to the community of Port Elizabeth and surroundings.

The opening of this court building marks an important milestone in the delivery of justice to the people of this area. It also affords us the opportunity of re-affirming Government's unswerving commitment to accessible justice.

Not so long ago, the mere mention of the word court, and the necessity to appear before a court, sent shivers down our spines because the courts were used to justify, protect and defend a ruthless system, that was designed to suppress the majority in this country.

This reminds me of the lament by Member of Parliament and poet, Ben Dikobe Martins, about the courts of South Africa during apartheid, in his poem entitled: "Keepers of the Law".

(I quote)
"the judge is dressed in red and white,
the assessors in black and white,
the prosecutor in a hostage smile,
and I, in the borrowed robes of my grandmother's wisdom,
corn she said, cannot expect justice
from a court composed of chickens..."

The advent of democracy and freedom has no doubt ushered in a new era in our judicial system. Through the constitution, we have a mandate to improve the safety and security of all our citizens, including that of vulnerable members of our communities such as women and children.

This mandate includes the provision of increased access to justice for all, and to build a caring society, based on the respect for human rights. We remain true to this mission.

To meet this mandate, we have since 1994 put in place the framework and structures for achieving meaningful transformation of the criminal justice system, and inculcating a culture of respect for justice and the rule of law.

Based on our experiences as a previously oppressed people, our mission in transforming the criminal justice system and judicial system was that we needed to ensure that the injustice we suffered during the apartheid era is never revisited upon the people of our country again.

In that regard, it is imperative that we continue to translate the provisions of our Constitution into a living reality for all our people.

The right to life, freedom, security, human dignity, property and so forth, are all rights that find practical meaning in real life when people go to the courts to demand protection and redress when these rights have been violated.

The courts must therefore be easily accessible for victims of all types of serious crimes in our country to obtain justice, as well as for those accused of crimes to be able to prove their innocence, or for the state to prove their guilt beyond reasonable doubt, in an open court.

Government is committed to ensuring that the public confidence in the courts is strengthened through building accessible and welcoming courts. We want our courts to be able to stand as dignified and yet welcoming pillars of our constitutional democracy.

We will therefore continue to provide the necessary modern infrastructure required to ensure that justice is properly dispensed, and more importantly that it reaches those who need it the most.

In this regard, this government has since 1994 earned the image of a caring government, given the manner in which it responds to the needs of the most vulnerable in our society, in particular children, elder persons, people with disabilities and women.

Within the criminal justice system, efforts have been made to divert child offenders away from the mainstream criminal justice system into reform schools for the purpose of rehabilitation, and to give them a second chance.

You would also be aware of the establishment of One Stop Child Justice Centres and Thuthuzela Care Centres for victims of sexual offences. These are all aimed at taking further our mission of ensuring access to justice to all.

Ladies and gentlemen, we have noted how in the last decade, an increasing number of ordinary people are turning to courts at all levels to enforce their Constitutional rights.

This is reflective of the trust and confidence that the South African communities have in the criminal justice system. It makes us feel we are achieving our goals if citizens utilise the courts regularly and in such a constructive manner.

At the beginning of this address, referring to the apartheid judicial system, we quoted poet Ben Dikobe Martins asking how corn could expect justice from a court composed of chickens. Now that we are in a free and democratic South Africa, we are working to achieve a total reversal of that situation.

We are striving for a judicial system which is respected and recognised by all citizens as being just and fair, and which can withstand scrutiny locally and internationally.

While the government can and will continue to deliver the legal framework and physical infrastructure in the form of court buildings, it is the people working at those points of delivery who will determine the quality of the services provided by those institutions.

Court officials therefore need to be constantly mindful of the Batho Pele - People First ethos, and in whatever they do, treat people with respect and courtesy, especially the most vulnerable in our society who come to the courts seeking protection.

The renewed trust in the judicial system since 1994 also imposes on the presiding officers the responsibility of continuing to interpret the law without fear or favour, and without manipulation by interested parties.

There is also the question of the transformation of the judiciary in terms of race and gender. It is important that presiding officers do not allow their background to influence and impact unfairly on the decisions they make.

We trust that this court will add value and make a difference in the lives of the people it will serve, and that all our courts will continue to uphold the Constitution, and protect our hard-won democracy.

Ladies and gentlemen, it is with great pleasure and pride that I now formally declare the new Port Elizabeth Magistrate's Court open.

I thank you!

Issued by: The Presidency
5 October 2004

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