Deputy Chairperson, hon Deputy Minister, hon members of the NCOP and distinguished guests, at the Stellenbosch conference of 2002 the president of the ANC in his address pointed out that while there had been progress in the transformation of other branches of government, the same could not be said about the judiciary.
Furthermore, the conference itself noted the need to speed up the transformation of the judiciary to ensure representivity and access to justice for all, especially rural communities. The conference resolved, amongst other undertakings, to pay special attention to the speeding-up of legislation to create the grievance procedures to deal with complaints against judicial officers; and to expedite the transformation of the judiciary to create a more representative, competent, sensitive, humane and responsive judiciary. Undoubtedly the ANC has moved faster in certain areas in attaining the revolutionary goals set out in the Freedom Charter and other guiding documents.
Justice as an overarching concept is broad. Central to it in our constitutional state is the idea that ordinary citizens should not, for financial reasons, be unable to access courts. The Constitution guarantees access to courts and other independent tribunals or forums. Unless ordinary people have access to courts and other independent forums or tribunals to resolve their disputes, the vision of a society based on the rule of law, as envisaged in the Constitution, will not be realised.
The transformation of the judiciary is a constitutional imperative. It is necessary and it is inevitable. The race and gender composition of the Bench is not the only factor of judiciary transformation, and it is not an end in itself, but has an important relevance for society as a whole and for the competence and effectiveness of the judiciary.
To put it plainly, the picture remains wholly unsatisfactory, despite the passage of time. In a society such as ours, where patriarchy is so deeply entrenched, adversely affecting the everyday lives of so many women, including women in law, the strategic value of women's participation on the Bench and in positions of power and authority should not be underestimated.
Their development management style, the influence of the unique perspectives they bring to the adjudicative task and even the mere symbolism of their presence there, could bring enormous returns for the transformation process itself and respect for women in society at large.
The need for women, both in the judiciary as a whole and in leadership positions in particular, cannot be exaggerated. Although we have come a long way, we must agree that we have just scratched the surface. We must step up our efforts. Some things must change. Mindful of the need to treat the delicate task of judicial transformation with the necessary sensitivity and care, the position of women on the Bench has become rather desperate. That calls for our measures and approaches to become much more creative. The previous tabling of the Traditional Courts Bill, which is going to be reintroduced in the NCOP, as you have said, will enhance the essential role of traditional leaders and customary law in the advancement and consolidation of democracy and justice.
The Bill is set against a continental imperative to undo the distortions effected in African traditional justice systems by decades of colonialism and apartheid, and offer a path of renewed growth and development. As the ANC, we urge you to fast-track the processing of the traditional courts to ensure consistency in the processing of cases in current traditional courts.
The introduction of compulsory community service for candidate legal professionals will not only serve to benefit the poor and vulnerable, but also go a long way in developing socially conscious legal graduates who understand the law in the light of the vision of our Constitution and the goals of transformation. As the ANC, we believe the need for legal professionals to provide legal services to the poor has been critical for the realisation of equality before the law, equal access and benefit of the law. These graduates will at the same time gain the practical experience already required of them while performing such services.
I need at this point to thank you for listening to the voices of the people in the Eastern Cape, particularly in Grahamstown, about the High Court. Although we understand that transformation must be taken forward, it is important for the ANC to reflect that it is governed, as Abraham Lincoln said, "by the people for the people". It is not a party that listens to itself - I think you have demonstrated that in the Eastern Cape in this case.
Therefore, as the ANC we support that the Budget Vote of the Department of Justice and Constitutional Development be passed. Thank you.