REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA Ensuring access to justice through new courts 159. Since 1994, 45 new courts have been built and the finalisation of the construction of the two remaining High Courts in Limpopo and Mpumalanga is underway. There will be a seat for a Division of the High Court in each of the nine provinces so as to ensure that communities are able to access services of a High Court in the province of their residence. In addition to building new courts, over R2 billion has been spent on the improvement and maintenance of existing infrastructure in the last 20 years. Branch courts have been transformed into full-service courts so as to reverse the effect of the spatial legacy of the past, which deprived the majority of citizens equal access to justice. Case law pertaining to the right to a fair trial 160. Case law in South Africa is continuously developing and/or clarifying various aspects relating to the right to a fair trial, e.g. in the matter of Levack v Regional Magistrate, Wynberg93 the Court held that compelling an accused to submit a voice sample did not infringe the person’s right to remain silent or the right against self-incrimination. In Minister of Safety and Security v Gaqa94 the Court held that granting the relief sought by the State would involve a limitation of rights and required that the limitation of rights test that section 36(1) of the Constitution provides, be applied. It held that a refusal to assist the applicant would result in serious crimes remaining unsolved, law enforcement being stymied and justice diminished in the eyes of the public who have a direct and substantial interest in the resolution of such crimes. It goes without saying that these factors also carry considerable weight in the balancing exercise which section 36 requires in relation to the matter at hand. In Gaqa’s case the Court found that the respondent’s interests were of lesser significance and allowed the relief sought. However, in the case of Minister of Safety and Security and Another v Xaba,95 in very similar circumstances, the court reached the opposite conclusion. Article 8: Freedom of conscience and religion 161. South Africa has created a wide space for individuals to practice their faith and exercise their freedom of conscience. As indicated in the previous report, the religions that are practised in South Africa include amongst others Christianity, Hinduism, Islam, and Judaism. Compared to the apartheid era, all citizens have the right to freedom of conscience, religion, thought, belief and opinion. Marriages concluded under any tradition, or a system of religious, person or family law are now recognised.96 93 2003 (1) SACR 187 (SCA) 2002 (1) SACR 654 (C) 95 2003 (2) SA 703 (D) 96 20 Year Review 94 48