of the under-privileged and vulnerable groups in society. To this end demographic
representation of society in the courts and in the legal profession has been ensured. Two
hundred and forty-three (243) of the judges on the various courts are now of indigenous
Africans who can speak many indigenous languages; this constitutes 50% African judges on
the various courts. However, the representation of women remains a challenge which
government is working on finding solutions to.
At the basic and more direct level, access to justice by the poor majority is affected by the
proximity of the courts and other justice facilities in the townships and villages where they
reside. There has been an increase in the knowledge and use of Equality Courts, which
focus on the enforcement of equality principles in the constitution in order to undo the
colonial and apartheid legacy of entrenched racial and gender inequality regarding access to
justice. The use of these courts brings the judicial system closer to communities for whom
pursuing the ordinary justice system is often unaffordable, lengthy and cumbersome. The
DoJCD has a programme for extending these services to township and rural areas. It has
further established twenty-three additional Small Claims Courts in different provinces, which
enable people to institute civil claims to the value of R12 000, without the need for legal
representation. This brings the number of these courts to two hundred and forty seven (247)
at the end of March 2012. Courts that were built in the traditionally black areas and rural
villages as branches of courts situated in towns are being rehabilitated so that they have
measurable jurisdiction and sufficient capacity to function as full-service courts. Twenty-four
of the ninety branch courts were identified for rehabilitation into full-service courts by 2014.
Fifteen of the twenty four of them have already been converted into full-service courts.
The South African government also intends to enhance access to justice by providing a
speedier and less formal and less expensive resolution of disputes through
institutionalisation and regulation of Traditional Courts. It has developed the Traditional
Courts Bill whose objective is to affirm the recognition of the traditional justice system and its
values based on restorative justice and reconciliation, as well as to provide for the
structuring of the traditional courts in line with constitutional values and principles. It also
aims at enhancing customary laws and customs of communities observing such systems.
The courts would have jurisdiction over divorce or separations, custody and guardianship of
minor children, validity and interpretation of wills. Although the Bill expressly provides for full
and equal participation in the proceedings of the courts by women and observance of rules
of natural justice, it has been highly criticised for its potential to allow the discrimination
against women, especially their right to directly participate in the courts. The robust public
participation and consultation processes which have ensued will hopefully resolve these
issues and strengthen the bill.
The Legal Aid Board of South Africa (LABSA) provides professional legal advice and
representation for those who cannot afford private legal practice. It focuses on family
matters, evictions, employment issues, contracts, deceased estates, litigations and criminal
cases. The Legal Aid Board delivers through Justice Centres, co-operation agreements and
agency agreements. In the financial year 2011/12 it received 428653 new matters and
finalised 402459 through 64 Justice Centres and Satellite Offices.
One of the DoJCD’s strategic objectives is to raise public awareness about a variety of
matters relating to opportunities for accessing the justice system. It has, in partnership with
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