House Chairperson, hon Deputy President, members of the House and guests in the gallery - nobody is there any more - indeed, the Superior Courts Bill is really about the change in the structure of the justice system. Of course, unlike what hon Oriani-Ambrosini has said, the change in structure is actually to promote the efficiency and effectiveness of the justice system of South Africa.
That hon member was complaining about power - power that changes, power that comes and goes. Yet it is actually all about the political party that is in leadership because of the decision of the majority, the decision of the majority of the people of this country, and that is about the democratic dispensation that we have in South Africa. [Applause.] All that we can do is wish you, in your pursuit of this, a realisation that there is this support of the majority in South Africa for the ruling party.
The 1996 Constitution provides that as soon as possible, as soon as practical, all courts must be rationalised, including their structure, composition, functioning and jurisdiction, and also all relevant legislation, in order to establish a judicial system suited to the requirements of the new Constitution. This is the focus of the Constitution Seventeenth Amendment Bill and the Superior Courts Bill.
An overview of some of the amendments of Chapter 8 of the Constitution set out in the Constitution Seventeenth Bill provides the constitutional basis for provisions in the Superior Courts Bill and then for considering the framework provided in the Superior Courts Bill for the judicial management or, if you like, the day-to-day management of the judiciary by the judiciary in respect of the judicial functions of all courts. This is in line with broad policy guidelines on transformation of the judiciary in courts.
In this regard there was much consternation amongst the judiciary, the legal profession and others about the impact of various provisions in the Bill on judicial independence and constitutional integrity. This resulted in significant changes being made in the legislation.
Key to the judicial independence promoted by this Bill is the institutional independence of the judicial branch from the other branches of government, and the individual independence of judges, enabling them to exercise judicial functions in accordance with the law, free from any form of harassment, interference or intimidation. Any interference with judicial independence has significant implications for the rule of law, good governance and public confidence in the operation of the legal system of South Africa. Hon Chair, there is currently no integrated judicial governance framework under the command of the Chief Justice for the effective management of judicial functions that instils the accountability required by the Constitution. The rationalisation that is needed of the previous system marks a move away from the executive control of court administration, and accounting to the legislature through the Minister responsible for the Justice portfolio.
In terms of the Constitutional Court Complementary Act, Act 13 of 1995, the Minister appoints staff such as the registrar and assistant registrars, on the request of and in consultation with the Chief Justice. The Chief Justice appoints research assistants in consultation with the Minister. An executive secretary is appointed to assist the Chief Justice to carry out administrative duties.
Section 15(2) sets out how the court's budget is to be determined. It provides that the funding needs of the court are determined by the Chief Justice after consultation with the Minister. In other words, the Chief Justice is required to take the initiative in determining the court's needs and thereafter to enter into discussions with the Minister regarding the appropriation of funds. The Minister must then include the amount agreed to in the budget that is tabled in Parliament, subject of course to the concurrence of the Minister of Finance. However, the director-general of the department is ultimately accountable for expenditure of these funds - quite nebulous and cumbersome. When courts are viewed as a branch of the Ministry, and not as an independent division of government, this causes numerous practical problems.
The intention of the Superior Courts Bill is to set in motion judicial management of the solid base created through the Constitution Seventeenth Amendment Bill. As we have indicated, the Constitution Seventeenth Amendment Bill focuses on clearly defining the role of the Chief Justice, creating a department for the Chief Justice, changing references from magistrates' to lower courts, providing for single High Courts, establishing the Constitutional Court as the apex court, providing the procedures for the appointment of the Deputy Chief Justice, and then regulating the composition and functions of the Judicial Service Commission.
The provisions of the former Transkei, Bophuthatswana, Venda and Ciskei legislation have not yet been completely repealed, seeing that some relate to traditional courts, and repealing them now could affect the tagging of and consultation on the Bill. Towns and courts with old names have not as yet concluded the formal legislative process with the Minister of Arts and Culture. The Bill before the House today makes provision for administrative and budgetary matters relating to the superior courts. It provides that spending in connection with superior courts must be appropriated by the Parliament. The ANC supports this Bill. Thank you. [Time expired.]