BRIEFING BY MINISTER OF JUSTICE, DULLAH OMAR
9 February 1999
CENTRAL FOCUS: COURTS
The main focus of the work of the department of justice in 1999 is the functioning of the courts, the court structures, court and case; management, training, eliminating delays in courts, promoting access to courts, dispute resolution and ensuring effective, efficient and speedy prosecutions, but also fair trials, so as to maximum the probability that guilty persons will not escape justice and innocent persons are not convicted.
INSTITUTIONAL TRANSFORMATION
Over the past four years we embarked upon a deliberate and planned process of transformation in respect of all the institutions and structures whose administration vests in the department of justice.
We promoted legislation and took all necessary steps to set up and make operational the following constitutional structures:
The national prosecuting authority act has created a single national prosecuting authority and prosecution service. The first director of national director of public prosecutions is Mr Bulelani Ngcuka and remarkable progress has been made in transforming the prosecution service.
Special focus with regard to the courts are the following:
Rationalisation of the high courts. The Hoexter commission having reported on the matter, government has considered the report. In principle it has been agreed that there has been one high court in each province. Generally the seat of the court will be the capital unless the province otherwise requests. In that regard I can indicate that the Premier for the Eastern Cape has informed me that it is the wish of the province that Grahamstown be retained as the seat of the court for the Eastern Cape. Arrangements will ensure that all the courts at Umtata, Bisho, East London and Port Elizabeth will also play a meaningful role in the administration of justice. The operation of those courts will also be enhanced.
At the level of magistrates courts
The cluster system is now fully in operation. Judicial, administrative and prosecutorial functions are being separated, so as to enable judicial officers to concentrate on judicial functions and the prosecuting authority to prosecute without undue interference. The system will also ensure that magistrates are not unduly burdened by administrative and agency functions.
Over the past year we have engaged in a process of examining the demarcation of boundaries
Committees have been set up in every province and a national committee to review the set boundaries. During the course of this year steps will be taken to redraw boundaries, so as to ensure that people throughout the country have fair and equal access to justice and the courts.
In the western cape, for example, crossroads training and capacity building programmes are being implemented.
During the past four years a massive programme Legislation has been completed, dealing with crime, the legal profession, courts and various other matters to transform the administration of justice. The issue now is one of implementation .