11 January 2005
The South African Communist Party (SACP) agrees with the analysis of the African National Congress (ANC) on progress made and challenges ahead in the ongoing task of transforming the South African judiciary and justice system.
Indeed, much work has been done to address the racial and gender legacy of the apartheid judiciary. Even on these two scores there is still much to be done: the majority of senior judges are still white, male and conservative with the majority of them having been appointed before 1994; there are still far too few women judges and magistrates; addressing the racial and gender imbalances is not sufficient to ensure that our justice system is people-centred. The SACP acknowledges that there are white judges who have embraced and are promoting the values of the new South Africa. All this progress notwithstanding, there is still a long way to go particularly when it comes to ensuring that the values, interests and aspirations of the millions of workers and the poor are at the centre of the justice system in our country.
Essentially, our justice system is accessible to those with financial resources to exercise their power and influence. In February last year, Judge Johan Els of the Nelspruit circuit of the Pretoria High Court decided to only fine farmer, Gerrit Maritz a sum of R36,000 despite overwhelming evidence proving beyond any reasonable doubt that Maritz had killed Jotham Mandlazi by dragging him alongside his bakkie until he fell under its wheel. The decision by Judge Els shows that those who are rich can get good lawyers and even pay their way out of jail sentences.
There are many other problems: there are no accessible Justice Centres in many rural towns and districts; the Legal Aid Board is not accessible to many poor people; the courtroom remains intimidating to many poor people; the practice and conduct of many judicial officers continues to undermine women's rights and gender equality as set out in policy and legislation; the justice system remains expensive and costly; not every black judge or judicial officer is progressive; and so on.
As the Communist Party, we do not expect the opposition parties in our country to be champions of ongoing and thorough-going transformation of the judiciary. We therefore reject the falsification of the ANC statement by the Democratic Alliance and the United Democratic Movement as an attack on the judiciary. This falsification is nothing more than narrow party political posturing which amounts to a defence of the status quo under the pretence of protecting the independence of the judiciary.
As the Communist Party, we are, however, disappointed that the majority of South African media has chosen to muddy public debate on the issue. We call on the media not to play into the hands of those forces in our society who want to use the independence of the judiciary as a cover for resisting much-needed transformation in our society. We call on the media to help public debate with an honest discussion of the progress achieved and outstanding challenges in the transformation of the judiciary and the justice system in our country. Part of this debate must also include a mature consideration of the very concept of independence given the history and persistent class inequalities in our society. Does the independence of the judiciary include the independence of a Judge Johan Els to condone violence and abuse of farm workers? Or that of a Pretoria judge appointed by an apartheid parliament to make political comments demanding the return of the death penalty? This is why the independence of the judiciary cannot be used as alibi for conservatism and delegitimisation of the debate on its transformation. The SACP upholds our constitutional dispensation which includes checks and balances, and an independent judiciary which upholds and promotes our country's constitution.
The SACP also calls on progressive sections of the legal system in our country to come to the fore and contribute to and lead a meaningful public debate on the transformation of the judiciary and justice system in our country.
CONTACT
Mazibuko Kanyiso Jara (surname Jara)
Head of the Office of the General Secretary
South African Communist Party
Tel - 011 339 3621, Fax - 011 339 4244/6880
Cell - 083 651 0271
Email - mazibuko@sacp.org.za