Today things have
changed: South Africa is a constitutional democracy and the outlook of the judiciary and this democratic Parliament has changed from what it was then, and represent largely the demographics of the South African population. We have had partial fulfilment of the ideals that was so eloquently articulated by President Mandela during the Rivonia trial.
As attested by our recent national and provincial elections that ushered the Sixth Administration and our current Parliament, our fledgling democracy has attained full maturity and is in safe hands of our democratic Parliament and capable executive, under the watchful eye of our independent judiciary. Notwithstanding the strides we have made, the ideal for which Mandela lived and was prepared to die, will be fully realised only when South African live together in harmony with equal opportunities.
This will be possible once we have been able to reverse the devastating legacy of the Land Act of 1913, the Native Trust and Land Act of 1936, and the Group Areas Act of 1950 and other racially based laws that deprived the majority of the right to land. In the state of the nation address of 20 June 2019, the President Cyril Ramaphosa reflected on the progress we have made to cure our country of the corrosive effects of corruption and in pursuit of the ideals and values of our Constitution.
The judiciary, as an independent arm of the state, is an indispensable weapon in the fight against corruption as in constitutional democracies similar to ours. I have therefore deemed it fit, that l dedicate today's debate of the Office of the Chief Justice to our quest for the democratisation of landownership and
the significance of well-grounded jurisprudence towards the attainment of land justice in this country.
It is in this context that we envisage a much broader dispensation to that the current Land Claims Court for the full implementation of section 25 of the Constitution. The inter-ministerial committee led by the hon Deputy President Mabuza is seized with this matter. The Land Court Bill we envisage will address the current challenges confronting the Land Claims Court, including the appointment of permanent judges in this important court. We will engage with the judiciary in this respect.
It is not a mere coincidence that the office of the Chief Justice was proclaimed as a department in the very same year that the United Nations declared 18 July as an International Mandela Day, but it is of fundamental significance in the life of our democracy. It is in this spirit that I believe that today's debate will not only be inspired by the resounding speech of Madiba during the Rivonia trial.
The debate is also inspired by our collective duty to build a judicial system that is consistent with our supreme Constitution and a better world. The society envisaged in the National Development
Plan, NDP, Vision 2030, in which poverty, unemployment and inequality will be banished into history, remain the cardinal compass of our endeavours towards its attainment.
Here today, we are looking into the realisation of those dreams and aspirations of our people through the prism of justice. Important to our debate today, is the acknowledgment, of the NDP, of its significance of progressive jurisprudence that is required to complement and guide the efforts of the executive and legislative branches of the state in transforming the state and society.
By enjoining us to heal the divisions of the past, the Constitution demands of not to be indifferent to the challenges of poverty, inequality and unemployment as espoused in the NDP. It is in this context that the judiciary has an indelible role in the advancement of radical socioeconomic transformation to realise those transformative ideals and to grow South Africa together.
Twenty five years after the advent of our constitutional democracy, we remain committed to the vision of a nonracial, nonsexist, democratic and prosperous South Africa. This has also found expression in the composition of the judiciary where out of the
total number of 251 judges in the courts, 166, more than half, are black judges and 97 women.
In contrast, in 1994, the judiciary comprised of 165 judges of whom only three were black males, two white females and no black female judges. However, much still needs to be done to ensure that our judiciary reflects the gender composition of the South African population. I am looking forward to participating in the Judicial Service Commission, and certainly so, with the other members of this august House who have been appointed to serve in this esteemed body, to continue with the important tasks of transforming the judiciary.
We are, similarly, accelerating the transformation of the legal profession which remains an important feeder to the judiciary. Let me, at this point thank all the honourable justices who responded to the call of national duty and came to lead various Commissions of Inquiries assigned the magnitude tasks of probing the allegations outlined in the published terms of references of the Commissions.
The people of our land are indebted to Deputy Chief Justice, Raymond Zondo, who amid his busy schedule at the Constitutional Court has stepped in to lead the Commission to investigate allegations of
state capture, corruption and fraud in the public sector, including organs of state. In the same vein, we extend our gratitude to Justice Mpati who chairs the Commission on allegations of impropriety regarding the Public Investment Corporation, PIC, which is still underway, and other justices who sacrificed their well- deserved retirement to respond to the call of duty.
The South African judiciary has demonstrated its agility and prowess in dealing with cases brought before the courts. Jurisprudence of the Constitutional Court continues to guide the executive and legislative branches in exercising their distinctive constitutional mandates. Our organs of state, of which the office of the Chief Justice is part, have a constitutional mandate and obligation to assist and support the courts to ensure their independence, effectiveness and impartiality.
It is important that we celebrate and deepen the doctrine of the separation of powers and the independence of the judiciary which underpins our constitutional democracy. Each of the three arms of the state has its distinctive role which it must exercise within the confines of the Constitution. I have been appraised of the work undertaken by the Fifth Administration on the project of judicial
governance and court administration, and will be approaching Cabinet soon to get guidance in taking the process forward.
The work of the Office of the Chief Justice, OCJ, in supporting the judiciary, contributes towards Chapter 14 of the NDP, relating to promoting accountability and fighting corruption. In support of the government unwavering commitment to building a conducive and enabling environment for the effective functioning of the courts, the administrative functions and staff attached to the Superior Courts were transferred to the OCJ with effect from O1 October 2014.
This transfer also included a budget of about R1,5 billion which was transferred from the Department of Justice and Constitutional Develop to the OCJ. Of particular importance is that, from 1 April 2015, the OCJ received its separate budget allocation on Vote 22. An amount of R7,38 billion is allocated over the current Medium-Term Expenditure Framework. This represents an average growth of 9,8% year-on-year and reflects the priority that is given to the OCJ.
The growth reflected in the figures above is mainly to sustain the current level of services in the superior courts and support to the judiciary. The budget of the OCJ consists of R3,84 billion for voted funds and R3,54 billion for judges' remuneration which is a direct
charge the National Revenue Fund. The core functions of the OCJ are allocated a total of 82,2% of the total budget.
We are liaising with the President and the Office of the Chief Justice for a date in the near future for the official opening of the seat of the Mpumalanga High Court, which is a delight to every eye and exhibit magnificent architecture. An efficient court system is of paramount important to access to justice. I have already alluded to the modernisation project when I presented the policy budget statement of the Department of Justice and Constitutional Development.
In respect of the Superior Courts, in particular the OCJ continued with the development of the e-Filing solution, which will be rolled out during the 2019-20 financial year. It is a great honour to present the budget policy statement of the Office of the Chief Justice, Vote No 22 for the financial year 2019-2020. I also want to convey our profound gratitude to the Chairperson of the portfolio committee and his entire committee for their continued support and guidance.
A special word of thanks also goes to the Chief Justice. Before I conclude, let me pay tribute to the Constitutional Court Judge, hon
Justice Edwin Cameron who will be bowing out of active service, for his profound contribution to our constitutional jurisprudence. Justice Cameron is a renowned activists and one of the pioneers in the early development of our jurisprudence.
The Glenister versus the President judgment remains a hallmark judgment for which he will be remembered. Let me take this opportunity to reaffirm our commitment to the strong, independent and effective judiciary as it is a requirement for a healthy, stable democracy. It is a great honour to present the budget policy statement of the Office of the Chief Justice, OCJ, Vote No. 22 for the financial year 2019-2020. Thank you very much. [Applause.]