Ngithokoze kuSihlalo, kuboNgqongqotjhe nakumalunga ahloniphekileko wePalamende. [Thank you, Chairman, Ministers and hon Members of Parliament.]
The Bill we are debating today is intended to amend the Magistrates' Courts Act, so as to extend civil jurisdiction and the jurisdiction to adjudicate divorce matters to the regional courts.
First and foremost, I would like to state that the Jurisdiction of Regional Courts Amendment Bill goes a long way in the strive to transform the judiciary and to provide access to justice for all.
Regional courts were established in 1952 with criminal jurisdiction to hear all matters except murder and high treason. From their establishment until the demise of apartheid in 1994, regional courts focused solely on serious crimes, most of which involved offences under the terrorism legislation and the legislation aimed at curbing resistance against the oppressive laws and policies of the erstwhile government.
Due to their exclusive criminal jurisdiction, the regional court mainly drew and continues to draw its magistrates from the prosecution and less from the legal profession, which is the trend with the High Court. This anomaly further exacerbates the situation at the High Court in that although the regional courts are seen to be the intermediate court between the district courts and the High Court, magistrates of the District Court are more likely to be appointed at the High Court than the regional courts. This is simply because the regional courts are perceived to be criminal courts while district courts are seen as courts of law. This distinction no longer finds application in our constitutional democracy.
UmThethomlingwa lo uqalene nokukghonakalisa kobana woke umuntu anikel we ilungelo lobulungiswa lokobana akghone ukunghonghoyila. Lokhu kufaka hlangana imilandu yomphakathi neyomndeni leyo engararululwa ngokusetjenziswa komthetho, lokho siqunto esingathathwa yiKhotho yeRijini.
Umnqopho womthetho otjhukunyisiweko lo, unikela ilwazi elingaphezu komThetho wesaHlukaniso nomTthetho womNdeni, begodu unabela ehlelweni loke lomthetho womphakathi. Ezakhamizini, ukunabiswa komThetho lo kusukela emthethweni womphakathi ukufikela eKhotho yesiGodi, uzakungezelela ikghono lokusetjenziswa komthetho malunga womphakathi malungana nokurarulula imiraro yemilandu yomphakathi nokuthola isizo lezomthetho. Imilandu engaquntwa yiKhotho ePhakemeko ngileyo edlula isamba semali engange R100 000 enikelwa amaKhotho wesiYingi lokho kuquntwa yiKhotho yesiGodi. Lokhu kuzakwehlisa iindleko zomlandu ngokuthi akuzokufana neKhotho ePhakemeko lapho imilandu yomphakathi ithatha isikhathi seminyaka emibili ukuya kwemine. Imilandu izakusetjenzwa msinyana emaKhotho wesiGodi wona afikelwa ngobuduze.
Abamangali bangafaka iimbawo zokumangala ngokwabo nanyana basebenzise abajameli ukubalekela ukusebenzisa amagqwetha wamajaji, lokho kuyinto efunwa yiKhotho ePhakemeko begodu kubangela iindleko eziphezulu zemilandu enarheni yekhethu.
Kilokhu kuzakuzuza abatlhagako namalunga womphakathi angakghoni ukulandela iimbawo zawo zokumangala eKhotho ePhakemeko ngonobangela weendleko eziphezulu zemilandu.
UmThethomlingwa lo umuhlahlandlela wemilandu yokuhlukanisa amaKhotho wesiGodi esikhundleni seendleko eziphezulu zeKhotho ePhakamileko kunye nekhotho yesahlukaniso leyo edzimelele emithethweni yebandlululo. Ikhotho yesahlukaniso yanje, iziinsalela zeKhotho yekadeni yabantu abanzima yesahlukaniso eyasungulwa ngokomThetho wokuPhathwa kwaBantu abaNzima we- 1929, ukusebenzela abantu abanzima.
Ikhotho le iyincenye yamakhetho eyasungulelwa ukuphatha abantu abanzima ngokuhlukileko kurhulumende wakadeni webandlululo. Nanyana kwabakhona ukunatjiswa kwekhotho yesahlukaniso kizozoke iinhlanga ngomnyaka we-1986, ikhotho le isesenamatshwayo wakade nemikhawulo efaka lokhu, kutjho bonyana nemithetho isafana. (Translation of isiNdebele paragraphs follows.)
[The Bill seeks to enhance access to justice in that every person should be given the right to have any dispute, including civil and family disputes that can be resolved by the application of the law, decided by the regional court.
The intention of the proposed legislation goes beyond divorce and family law disputes and extends to the entire civil system. To the citizens, the extension of this law to the jurisdiction of the regional court will increase access to justice for members of the community in relation to the resolution of civil disputes and to have access to legal services. Matters that would ordinarily be decided by the High Court are those that exceed the monetary value of R100 000. Certain matters presented to the district courts, will now be decided by the regional courts. This will reduce the cost of litigation in that, unlike the High Court, where the average case cycle for civil matters takes between 2 to 4 years, cases will be dealt with much more quickly at the regional courts, which are within easy access in terms of proximity.
Litigants can litigate on their own or use attorneys for their cases and thus avoid the use of advocates, which is required in the High Court that adds to the high cost of litigation in our country.
This will benefit the poor and the indigent members of society who are not able to pursue their civil disputes in the High Court due to the high cost of litigation.
The Bill is the guide to divorce cases in the regional courts, instead of the more costly High Court and the Divorce Court that still uses the apartheid policies. The current Divorce Court is the remnant of the old Black Divorce Court which was established in terms of the Black Administration Act of 1929 to serve the black people. This court forms part of the courts which were established to form a separate administration for blacks as part of the policy of the old apartheid government.
Despite the extension of the Divorce Court to all races in 1986, this court is still characterised by its original features in that its territorial jurisdiction is the same, as are the rules applicable to this court.]
Currently, litigants must file their summonses and pleadings not only outside their magisterial district but also outside the province of residence. After this Bill has become law, married couples who want to divorce will be able to do so in the regional courts where they reside.
Presiding officers of the Divorce Courts, who are not regarded as magistrates, are appointed at the Divorce Courts and move in circuits to cover the vast areas covered by each of the courts, sitting an average of one day per month in any designated area.
Not only is our Constitution perceived as exemplary by most constitutional democracies, but it is unique in more than one sense. It enshrined in section 34, the right of access to court, which is uncommon in other jurisprudence.
In so far as the judiciary is concerned, the proposed legislation seeks to streamline the judicial process and create a single career pathing for judicial officers. The Act, as revolutionary as it is, will be implemented incrementally. Parliament has been assured by the Department of Justice and Constitutional Development that additional budget will be provided annually to increase the capacity of the regional courts by appointing more regional court magistrates, building more courts and improving infrastructure at courts.
Linked to the implementation plan is the assurance that there will be an intensive judicial education programme that will be designed in conjunction with the judiciary to ensure that a regional court magistrate who was excluded from the practical application of the civil law is reskilled to apply this vital branch of the law.
There are no strong objections to the principles articulated by the Bill. The few magistrates who advocate the retention of the current Divorce Courts base their views on the fact that Divorce Courts have shown a high level of efficiency and are surprised by government's move to scrap them. The argument misses the point in that their integration into the ordinary regional courts is not influenced by their individual performance. It is not whether they operate rightly in the eyes of some but it is whether they do the right thing in performing constitutional mandate.
The proposed legislation is geared to streamline services relating to justice and to respond effectively and efficiently to the needs of a modern society - a caring society - in the manner that increases access to justice. In their current form, regional courts lack these attributes.
During its 52nd national conference held at Polokwane, in Limpopo, December 2007, the ruling party of South Africa - the ANC - noted as follows: ``There have been great strides in transforming the judiciary but more still must be done.''
Ngifuna ukutjho Sihlalo bonyana lokhu kuzokwenza bona abantu bekhethu bakwazi ukufinyelela emakhotho wabo kalula. Njenganje umuntu ohlala e- Nelspruit, ikhotho yakhe isePitori, umuntu ohlala eMafikeng nakafuna ukutlhala uya ePitori. Njenganje abantu bazakuba nelungelo lokuthi bakwazi ukufaka isahlukaniso namkha umlandu wokutlhala i-divorce la bahlala khona. Abantu abahlala e-Witbank emalahleni bazakwazi ukufaka isibawo sesahlukaniso khona ekhotho yaseMalahleni. Begodu nomuntu ohlala e- Kwaggafontein uzakuba nelungelo lokufaka isahlukaniso ekhotho yaseMkobola. Lokhu kuzokunikela abantu ilungelo lokuthi bafinyelele kalula emakhotho la bangathola khona isizo.
Abomarhastrada bazokwazi bonyana nabafunde zoke iimfundo zemithetho emaNyunivesithi bangasebenzisi umthetho munye nasele bakhethwe ukuba bomarhastrada besifunda namkha besigodi, batholakale basebenzisa umthetho munye. Okwanjesi sebazakwazi ukusebenzisa imithetho yemibango yemilandu ama- civil cases, begodu nemithetho yobulelesi ama-criminal cases. Okukhulu wukuthi bakwazi ukusega imilandu yokutlhalana namkha ama-divorce. (Translation of isiNdebele paragraphs follows.)
[Chairman I would like to say that this will enable our people to access their courts easily. Right now, somebody who resides in Nelspruit, has to attend a court in Pretoria. If a person who resides in Mafikeng wants to apply for a divorce he has to go to Pretoria. Now people will have the right to apply for their divorce cases where they reside. People who reside in Emalahleni, Witbank, will be able to file their divorce applications at Emalahleni Court. And even the person who resides in Kwaggafontein will have a right to file his divorce application at Mkobola Court. This will give people the right to easily access their courts for assistance.
After the magistrates complete their law studies at universities, they do not use one law, but when they are chosen to be provincial or regional magistrates, they should be able to implement one law. They will be able to implement laws pertaining to civil and criminal cases. The most important thing is that they should be able to adjudicate divorce cases.]
The ANC supports this Bill. I thank you.