Chairperson, hon Minister, hon Deputy Minister and fellow colleagues, making justice accessible to all South Africans is what we, as a committee, need to make our top priority.
Hundreds of thousands of South Africans are victims of crime daily and most of these crimes go unpunished, not to mention unnoticed, due to the fact that our justice system simply cannot handle the number of cases being brought before it. What this means is that South African citizens become victims twice; once, during the perpetration of the crime, and yet again when they go to court. Our courts are highly understaffed and we have seventy, yes, hon Minister, you heard me correctly, seventy magistrate posts that still need to be filled.
On a daily basis, court cases are abandoned due to the fact that dockets have been lost, witnesses cannot be found or simply because they have taken so long to come to court that the victim has found the experience too painful or simply too costly.
Perhaps the most embarrassing of such cases is the Buyiswe case that was recently concluded in the South Gauteng Court. This was a most horrific rape case and it was postponed more than 23 times. Hon Minister, more than 23 times! Problems included: no judge to hear the case; missing statements; no prosecutor; illness of a defence attorney; transfer of the case from the sexual offences court to the High Court; and so the list goes on. Had this woman, this brave South African, not had the determination to see justice being done for what had happened to her, one would not have been surprised if she too had abandoned this case. Hon Minister, this is a case of a victim becoming a victim of the state too.
The DA welcomes the idea and plans for all the new courts. However, we must point out that, as it stands at present, courts are understaffed; there are not enough prosecutors, magistrates or paralegals; courts are falling apart; and there is not even enough stationery to ensure the smooth running of these courts. I refer you to the Wynberg Court in Gauteng that struck awaiting murder trials from its roll last week because their telephone systems were nonoperational and there were no CDs available on which to burn the dockets. Those awaiting trial were released and now you and I are at risk for yet another crime to be perpetrated.
For a country to run successfully, it is imperative that its judicial system is free, fair and accountable on every level; that it has transparency, and most importantly, that all who appear before it, are treated equally. For too long now, interference with the judicial system has made headlines in the South African news and while we are not here to argue the merits of such allegations, one has to acknowledge that there is no smoke without fire. It is of fundamental importance that the separation of power principle is adhered to at all times, and that we, as South Africans, never let any outside influence affect the fair functioning of our judiciary.
For too long, departments like the Scorpions and the NPA were tainted as being political puppets, used only for political gain. Let us, as South Africans, now fight together to ensure that they are used for their intended purpose, which is to bring justice to all South Africans.
Hon Minister, transformation of the judiciary does not equal unnecessary political involvement. President Zuma himself, in his response to the state of the nation address, assured all South Africans that the Constitution would remain supreme and that the judiciary would remain independent. It is imperative that, while transformation occurs in the judiciary, merit and competence remain the nucleus of all appointments and recommendations. We need a highly educated and highly trained judiciary that understands our complex Constitution and our complex legal system, which covers Roman Dutch law, British law, canon law, indigenous law and a constantly developing precedent law.
We must not be afraid to hold our judiciary to account. If people cannot do their jobs, they must be replaced. Our country deserves a judicial system that operates and does so only in the interest of the South African taxpayer.
In conclusion, South Africa deserves an open opportunity society in which we are all equal before the law; one justice system for one nation with one future. [Applause.]