Deputy Chairperson ... [Interjections.] Hon member, this is not a statement; it is a debate.
Let me first commend the Presidential Hotline, which is very hot, and also commend the department on progressively resolving the issues that have come out of that hotline.
We as the ANC cannot afford to rest on our achievements, but need to vigorously continue with our unwavering commitment to the pledge we made, which is to be found in the Constitution, that "South Africa belongs to all who live in it, united in our diversity."
The transformation process that we have embraced is intended to fulfil this undertaking. This commitment has in the past years of freedom afforded an ever-expanding mass of our people greater access to justice.
The 1997 Mafikeng conference, affirmed by the Polokwane conference, and reaffirmed by the national general council last year, stated that the ANC reiterated its commitment to adhering to the basic law of the land; to implementing both the letter and spirit of the Constitution, including the principle of multiparty democracy and the doctrine of the separation of powers; to upholding fundamental human rights for all citizens; to respecting the rights of linguistic, religious and cultural communities, and to striving for social equity within the context of correcting historical injustice.
The Harare Declaration stated:
South Africa shall have a new legal system which shall guarantee equality of all before the law.
It continued:
South Africa shall have an independent and nonracial judiciary.
We are convinced that the Department of Justice and Constitutional Development is on track to realising these noble aspirations of our forebears.
Even during this budget year it remains our goal to fulfil the mandate of the ANC's 52nd national conference, which is to establish a single, integrated, accessible and affordable court system; position the Constitutional Court as the country's apex court for all matters, constitutional and nonconstitutional; rationalise the High Court system into a single High Court; and align our traditional courts with our new constitutional dispensation and pay particular attention to the incorporation and development of our indigenous law. Hon Minister, the department's budget also must speak to all of these matters.
Our Constitution guarantees the right to equality before the law for everyone. This means that all South Africans are equally entitled, not only to recourse to the law, but also to full access to information so that they can understand their constitutional rights.
Hon Minister, access to justice embodies more than just the issue of legal representation in formal court proceedings. The notion of justice is also about the proximity of justice facilities to citizens and their communities, and about the length of court proceedings. It is about language, gender and victim support measures as well.
The Constitution expressly recognises 11 languages. The old practice - where English and Afrikaans were used exclusively in our courts - undermines the spirit of the Constitution. Hon Minister, ordinary South Africans interacting with the legal system still experience difficulties communicating in their language of choice. In many instances the interpretation services are inadequate. There are many examples where interpreters not only misinterpret the evidence given by accused persons, but also at times openly harass the accused.
Such practices, hon members, are inconsistent with the constitutional right to a fair trial. It is therefore necessary to review the current practices with regard to the use of language in court. The current language policy practised in courts is designed to benefit the presiding officers and not the litigants. The Constitution provides the right of access to courts and other independent tribunals or forums. Every litigant has the right to use their language in all matters.
At present, the state provides interpretation services in criminal cases. The state must investigate the means of providing interpretation services in civil matters.
Hon Minister, we are informed that there are currently nine ongoing projects involving the construction of new courts and office accommodation. That is very encouraging and is accepted. The expansion of the Supreme Court of Appeal in Bloemfontein has been completed - and we congratulate the department - while the new Katlehong and Ntuzuma Magistrates' Courts are under construction, as well as the High Courts in Polokwane and Mpumalanga. Deputy Chairperson, judicial appointments in South Africa, regarded by some as a major tool in the transformation of the judiciary in South Africa, often engender not only much interest but an equal amount of controversy, generally within South African society, and particularly among judges themselves. To fully appreciate the importance of this process and the interest it generates, it is necessary to view the process of the appointment of judges as integral to the transformation of the judiciary. That must, in turn, be viewed in its historical context and that of the transformation of South African society generally, as envisaged in the Constitution.
Hon Minister, courts must therefore function effectively so that judges can dispense justice to all most competently. Fundamental to this principle is that when judges are being appointed consideration must be given to the need for the judiciary broadly to reflect South Africa's racial and gender composition. We applaud the appointment of the first woman Judge President on 5 May last year. [Applause.]
We would like to draw the department's attention to what is happening in Pretoria. Pretoria's court system still has few African judges, and that must be attended to with haste, as well as some areas - in the Western Cape, of course - where the organisation of courts within the municipal boundaries will happen.
Deputy Chairperson, throughout the history of South Africa traditional leaders have established dispute resolution institutions. These institutions have, in general, been successful in resolving disputes in rural areas.
Hon Minister, with the repeal of the Black Administration Act of 1927 it is imperative for the department to urgently fast-track the processing of the Traditional Courts Bill, as presented here earlier on. The Bill will facilitate the conforming of the role of traditional institutions in the resolution of disputes affecting rural communities with the Constitution of the country.
Cabinet has approved a law that will create community service for legal graduates along similar lines to those of doctors. The Bill will provide a legal framework for the creation of community service. We as the ANC welcome the Cabinet's decision to have law graduates complete compulsory community legal service. Hon Minister, we want clear details going forward as to how far this will go and how long it will take for us to see in its vision the resolution of what is happening now.
The department should continue to protect the principled values contained in our democratic Constitution. Together we can do more. The ANC supports the Vote.