Thank you, Deputy Speaker. I would like to inform the hon member that I found that the small claims courts and the equality courts are successful initiatives of government that are aimed at improving access to justice for all. However, these courts should not be seen as special courts as they are normal, permanent courts established by legislation with specific goals in mind.
The former Chief Justice, Pius Langa, stressed that access to justice becomes an empty gesture and makes a mockery of the Constitution if it is not backed by mechanisms that are adequate for the enforcement of rights. In this regard, both the small claims courts and the equality courts play a vitally important role.
These courts are powerful mechanisms in aiding the provision of civil access to justice, especially for the indigent. These courts are based on speed, simplicity and cost-effectiveness, and they eliminate time- consuming, adversarial procedures regarding the resolution of disputes up to R7 000.
No legal representatives are required or allowed to appear on behalf of litigants in these courts. One of the objectives is to ensure that there is at least one functioning and active small claims court in each and every one of South Africa's 384 magisterial districts. We are just over the halfway mark in this regard. Currently, the Department of Justice and Constitutional Development has already established 211 Small Claims Courts, and the proclamation of a further three is imminent. Significantly and in keeping with our objective of ensuring access to justice for all, most of the newly established courts will be in rural areas.
Furthermore, we have initiated a campaign to familiarise various role- players with Small Claims Courts and popularise their usage amongst as many people as possible. As you would know, we have also made a call on all Members of Parliament to assist us in speeding up the establishment of Small Claims Courts by heeding the call, "One constituency, one Small Claims Court". Thank you.
Thank you, hon Speaker. Thank you, hon Minister. Taking into account that this is a very noble cause, the intention of which is to ensure access for the many disadvantaged South Africans and their challenges and with respect to the intention, we assume that this noble cause will be accompanied by continual capacitation. Thank you.
Well, as the hon Gungubele is aware, we are also going to inform the portfolio committee from time to time on additional capacity. So your valuable assistance in procuring more funds for matters of this nature will be greatly appreciated.
Thank you, Madam Deputy Speaker. Minister, I hear what you say, and the DA is very pleased with the establishment of these special courts and these Small Claims Courts. However, at a presentation to the portfolio committee by the department, we were informed of large numbers of vacancies in courts ranging from clerks of the court and court officials to prosecutors and magistrates. Are these special courts adequately staffed, thus bringing and ensuring universal justice to all South Africans?
As the hon member is aware, there are always competing needs and that is why as Cabinet we take collective responsibility in terms of our budget. As and when funds become available, we fill posts. You may be aware that every year we fill posts for clerks of the court, prosecutors, magistrates and even judges. As the economy grows, I am sure that we will be able to fill all the necessary vacancies in the Department of Justice and Constitutional Development.
Thank you, Madam Deputy Speaker. Mr Minister, I thought that you gave a very good answer. I want to know what reaction you are getting from Members of Parliament. This is because there was a call on all of us to assist in ensuring that there is a small claims court in every magisterial district. Are the Members of Parliament assisting you? How is that going?
Well, I assume that Members of Parliament are responsible, so this campaign should be proceeding. I am aware that hon Van der Merwe is a lawyer as well, so he is aware that many lawyers in South Africa, from time to time, leave their offices and participate in these small claims courts, which play a very significant role in providing access to justice for all the people of South Africa.
Thank you, Madam Deputy Speaker. Minister, following your reply, I think all of us from this side will support the programme. In terms of the establishment, you said that a proclamation is imminent in terms of the plan that you have in the department, particularly for the rural communities. When do you envisage that all the declared municipal districts will have functioning small claims courts?
Well, it is our plan that this should happen as soon as possible, but it all depends on the resources that are made available to the department. I have indicated already that we have 211 of these Small Claims Courts throughout South Africa. Our aim is that in the next three or so years, all the 384 magisterial districts of South Africa will have these small claims courts. The equality courts are functioning. All Magistrates' Courts have been designated as Equality Courts. So it is for the public to utilise them whenever they feel some injustice has been done to them.
Position regarding (i) criteria for appointment of ambassadors and (ii) reasons for appointing a certain person
154. Mr S Mokgalapa (DA) asked the Minister of International Relations and Co-operation:
Whether her department provides the President with any criteria and/or recommendations that assist the President with his decision to appoint ambassadors; if not, why not; if so, (a) what are the relevant details and (b) what are the reasons for appointing a certain person (name furnished) as ambassador whilst there are allegations surrounding him?