Speech on Budget Vote 27: Office of the Chief Justice
Speech by ACDP MP, Steve Swart

Issued by the ACDP Parliamentary Media Office

Finalise policy on judicial governments and court administration

Jul 11, 2024

Chairperson,

May we, on behalf of the ACDP, firstly congratulate you, honourable Minister and Deputy Minister on your appointment and we look forward to working with you to improve the state of justice in our nation.

We know that the Office of the Chief Justice (OCJ) was envisaged way back in 2010 as the first phase towards an independent judiciary-led court administration system to fully realise the independence of the Judiciary.

We also know the OCJ’s core function is to render support to the Chief Justice in executing administrative and judicial powers and duties. But it is a state department which accounts directly to Parliament as they are doing today.

The ACDP remains concerned about the ongoing delays in the policy on judicial governments and court administration. We fully appreciate the Judiciary’s frustration with the lack of finality in this regard given that the reports from the Judiciary were tabled way back in 2013.

Once more, honourable Minister, we urge the finalisation of this policy and the legislation as a priority. Not only is it, for the establishment of a single Judiciary, a Constitutional imperative, but also the lack of the appropriate policy and legislative framework contributes to the many inefficiencies and other challenges that the judicial system experiences as indicated by various other speakers.

Chairperson, the OCJ continues to be affected by budget cuts as highlighted in the presentation which the Committee received and the Committee Report. These budget cuts have necessitated reprioritisation of resources to support priorities, including Court modernisation, digitalisation to improve access to justice and the services of the Superior Courts, but it’s not enough — it’s not enough, and ongoing budget cuts are drastically impacting the efficiency of the courts, not to say the maintenance of those Courts that we in the last Parliament visited.

The Judiciary indicated to us in the previous Parliament that they are frustrated at being drawn in to dealing with these issues at the expense of attending to their core function largely because of challenges of communication between the Justice Department, the OCJ and Public Works. These infrastructure problems highlighted by all of us are undermining the delivery of justice to our people and cannot be allow to continue.

Chairperson, we need to have more surprise visits — not the staged visits like when we went to Kimberley last time when the judiciary said it was the first time that the Kimberley Court had been cleaned and the grass had been cut. We need surprise visits.

Lastly, Chairperson, the ACDP would like to express its appreciation to the Judiciary and to the OCJ for the support it provides for bringing justice our people under very difficult budgetary and other conditions.

I thank you.

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