Ngithokoze Sihlalo, angithathe lelithuba ngithi kini noke maLunga ahloniphekileko wePalamende ngiyanilotjhisa, akwande! [Thank you, Chairperson, let me take this opportunity to greet all hon members; good day.]
It is fitting that this debate occurs a few days after the commemoration of 21 March 1960, and the annual celebration of 21 March, since the dawn of democracy in South Africa in 1994, as national Human Rights Day.
Hon Prof Ben Turok, Member of Parliament, in the introduction of the book titled The Historical Roots of the ANC, writes as follows:
After the formation of the Union of South Africa in 1910, black South Africans were governed as conquered, colonial peoples who could claim no rights.
Before the dawn of democracy, which is 27 April 1994, there were human wrongs in this country, in that there were no human rights. There were injustices; frequent states of emergencies and detentions without trial; solitary confinement accompanied by torture: people placed in what were called "waarheidkamers"[truth rooms]; the hit squads of notorious places like Vlakplaas; and the disappearance of our loved ones, the whereabouts of whom still remain unknown even to this day. There was oppression of person by person, exploitation, deprivation and so on and so forth. As we commemorate Human Rights Day these days, we pause and remember our fallen heroes and many who still bear the scars and feel the pain caused by the human rights abuses of the past. We remember people like the human rights lawyers, Griffiths Mxenge and Victoria Mxenge, who were bludgeoned to death by the forces of evil. May their souls rest in peace. [Applause.]
People who protested unarmed at Sharpeville in 1960 were still busy singing, "Nkosi sikelel' i-Afrika; Morena boloka sechaba sa heso; Mudzimu fhatutshedza Afurika; Hosi katekisa Afrika", God sen Afrika", all of which means: God bless Africa.
Before they had completed this prayer the police, who were by then enforcing and protecting the policies of the day, opened fire. The commission, headed by a judge, found that most people had gunshot wounds in their backs. This is because they were already running away when the police shot at them.
I personally had an opportunity to serve as a member of the Amnesty Committee of the Truth and Reconciliation Commission, TRC. This commission was established as an opportunity for South Africans to say, "Let bygones be bygones".
Wat verby is, is verby. [Let bygones be bygones.]
On the one hand, victims of gross human rights violations came forward and told painful stories about their experiences; on the other hand, only a few perpetrators came forward and told half-truths when they were supposed to make a full disclosure. A number of them never came forward. They are still roaming the streets of our country.
As we commemorate Human Rights Day, we remember that the Preamble to the TRC Act provides as follows:
Since the Constitution of the Republic of South Africa, 1993 (Act No 200 of 1993), provides a historic bridge between the past of a deeply divided society characterised by strife, conflict, untold suffering and injustice, and a future founded on the recognition of human rights, democracy and peaceful co-existence for all South Africans, irrespective of colour, race, class, belief or sex.
The Preamble continues:
And since the Constitution states that there is a need for understanding but not for vengeance, a need for reparation, but not for retaliation, a need for ubuntu but not for victimization.
The Preamble to the interim Constitution states as follows:
Whereas there is a need to create a new order in which all South Africans will be entitled to a common South African citizenship in a sovereign and democratic constitutional state in which there is equality between men and women and people of all races so that all citizens shall be able to enjoy and exercise their fundamental rights and freedoms.
What we need to do is to work together in striving for inherent dignity and equality. We need to work together to protect human dignity for all. A question arises as to who should work together. An answer to this can be found in considering the role of the legislature, the executive and the judiciary - in other words the three arms of government.
One should also pose a question and ask: What is the role of civil society in protecting dignity and equality for all? The functions and governing principles of state institutions supporting constitutional democracy - Chapter 9 institutions or the watchdogs on human rights - are clearly spelt out in the Constitution.
In this debate, I would like to reflect on the progress that has since been made so far to enhance access to justice. I shall do so by highlighting some of the important legislative interventions that were taken jointly by the three arms of government, geared to improve the administration of justice. I also want to refer to the role that was played by the liberation movements and civil society, and the contribution of peace-loving countries, both on the African continent and abroad during the dark days of apartheid.
I am also posing a question to civil society and professional legal bodies such as the National Association of Democratic Lawyers, Nadel; the Black Lawyers Association, BLA; Lawyers for Human Rights, LHR; the Legal Resources Centre, LRC; and the Black Sash, etc. I remember the role that was played by one of the organisations that was very popular and that amalgamated to form Nadel - the Chief Whip, the hon Mathole Motshekga, can tell you more about it. This was the Democratic Lawyers Congress, DLC, and its slogan was, "No lawyer shall be free until Nelson Mandela is free". In Pretoria ya-Tshwane, they were called diloyara tsa mzabalazo [activists' lawyers].
Batjho thina-ke. [Iwahlo.] [They referred to us. [Applause.]]
What is currently their role in realising socioeconomic rights? It is because the harassment on farms and evictions and denial of the right to vote is still the order of the day in some places. Farm dwellers and workers say that they do not know these human rights and freedoms that we are talking about and busy celebrating. When it is election time, these farm dwellers are forced to work overtime; otherwise they will be evicted and be told to go to Mandela if they complain.
Domestic workers who qualify to vote where they work and sleep are given leave and sent away from towns during local government elections as a strategy to deprive them of their right to vote where they reside and work most of the time.
During the course of this week, two important occasions are taking place, namely the launch of the Bill of Responsibilities and the launch of the report on South Africa's children. In fact, this second one is happening today in Midrand, and it is a review of equity and child rights. This is highly commendable.
I would like to quote from section 9 of the Constitution - you know, it is a handy book which can just be put in the pocket and whenever one is being challenged one can just take it out and quote from it. Section 9 on equality states that:
Everyone is equal before the law and has the right to equal protection and benefit of the law.
Similarly, when one looks at section 10, on human dignity, it states the following:
Everyone has inherent dignity and the right to have their dignity respected and protected.
Regarding the role played by Parliament and the executive, let me deal with the equality that was brought about by the establishment of the civil jurisdiction for a regional court division. I was personally tasked to ensure that the Bill in this regard is passed into an Act of Parliament. I want to thank the former chairperson of the Justice portfolio committee, hon Yunus Carrim.
It is important to place the extension of civil jurisdiction to the regional court within the context of the transformation of the judiciary, which finds reflection in the Constitution.
The structure, jurisdiction and functions of the magistrates' courts derive from the Magistrates' Courts Act of 1944.
Before August 2010, the regional courts had the jurisdiction to adjudicate only in criminal matters. Services relating to civil law were a preserve of the High Courts, while divorce courts were designed to adjudicate over divorce matters of the blacks.
The legislation was the culmination of endeavours to increase the powers of the regional courts since 1987. The Jurisdiction of Regional Courts Amendment Act will, in the medium to long term, reduce the workload of the High Courts. Attorneys will have the opportunity to represent their clients in matters where they would ordinarily brief counsel. This will, in turn, reduce the cost of litigation and thereby increase access to justice. I had the opportunity to be invited, firstly, to the 12th and later the 14th Annual Miller Du Toit Cloete/University of the Western Cape Faculty of Law Family Law Conferences that were held in 2008 and 2011. I spoke about the civil jurisdiction of regional courts initially, while it was the subject of a Bill and as late as last week on Friday, 18 March 2011, when it was already enshrined in an Act of Parliament.
I pointed out that it is important that the anomaly that previously existed was eventually redressed by the Jurisdiction of Regional Courts Amendment Act of 2008, which abolished the Administration Amendment Act of 1929, which had established the divorce courts exclusively for blacks.
By virtue of this Act, the divorce courts were integrated into the structure of the regional divisions and 62 seats of regional civil courts were established countrywide to adjudicate over divorce and civil disputes from R100 000 up to and including R300 000.
Before the changes brought about by this amendment, litigants had no choice but to litigate cases in the High Court. In circumstances where the jurisdictional amount of a course of action exceeded R100 000 and the parties did not consent to the jurisdiction of the magistrate's court, it was not feasible to abandon a substantial portion of the claim. Since the promulgation of this Act, litigants have a choice of litigating in the regional court or the High Court. The following are important implementation steps that seek to ensure that the transformative goals envisaged in this significant legislation will be realised. I will mention just a few because of a lack of time: additional posts of 21 regional magistrates were created, and 62 registrars and assistant registrars were appointed for each of the 62 seats.
The Minister of Justice and Constitutional Development has further proclaimed the monetary jurisdiction of the 62 regional courts, which I have alluded to above. The Minister has further approved new rules of courts made by the rules board to facilitate the adjudication of civil disputes by the regional courts, as well as to harmonise the rules of the magistrates' courts with those of the High Courts as far as it is practically possible.
An additional five posts for family advocates were created and those posts were advertised by the Office of the Family Advocate. This increases the capacity of the Office of the Family Advocate to handle family matters in the regional courts.
The Act brought fundamental changes, which require massive training and reskilling of magistrates and court personnel to implement. All the above initiatives indicate the commitment by all role-players to ensure that the civil justice machinery benefits the ordinary people who yearn for equal justice.
There are, nevertheless, challenges in the implementation of this legislation which require concerted efforts by all role- layers involved in the justice system value chain. These challenges, however, are not insurmountable.
Let me just reflect briefly on the conference that I alluded to above. It had a session on jurisdictional issues in child and family law after the Jurisdiction of Regional Courts Amendment Act. Participants spoke about their experiences and the challenges they encountered on the ground in the implementation of this piece of legislation. The conference undertook to submit a report to both the Justice portfolio committee and to the Department of Justice and Constitutional Development. Working together we can protect equality and human dignity.
I have been reliably advised by the policy unit of the Department of Justice and Constitutional Development that it will undertake a comprehensive evaluation of the implementation of this legislation, which will identify possible solutions that need to be implemented by all involved to perfect the system. I am confident that the outcome of the conference will assist the department in providing solutions to some of the challenges that were highlighted during the frank but robust debates during that conference.
The national holidays should be observed, commemorated or celebrated for the real purpose or significance of the particular day. Esikubonileko Sihlalo, kukuthi sibone ezinye iinhlangano zisebenzisa ilanga laka-21 kuNtaka ukobana zikhambe ziyo khankasela amakhetho wabo masipala namkha wamakhansela. Sibona abanye baya eSiyabuswa, nabafika khona ngeSiyabuswa basahlela ihlangano ye-ANC, bakhwela bezehlela. Abazi bona iSiyabuswa yakhelwa ebudisini obungangani.
Abantu abamaNdebele bebahlala e-Doornkop nge-Middleburg eMhluzi, lapho kubizwa nge-Steve Tshwete Municipality namhlanje. Abantu labo basuswa ngekani ma-forced removals. Nabalako ukusuka, kweza ama-bulldozers, babasusa ngekani babasa ngeSiyabuswa. Namhlanjesi sibawa bona iinhlangano ezifana nalezi zenze irhubhululo zithole bona iKosi ekungiyo iKosi yamaNdebele ngubani?
Sibone unamfazi bambathise ingubo yesikhethu, unokhethwako, ngarareka ngathi babake! Ubamkhulu walala angakaboni. Abakhabe baphethe esikhathini esigandungileko azange nangalinye ilanga bawahloniphe amaKhosi wendabuko nanyana wemvelo. Bebathi nabakhuluma ngamakhosi waphetjheya, bawabize ngama- Kings, bathi u-King George kodwana bathe nabafika ephasini le-Afrika, bahlisela ubujamo bamakhosi phasi bawa biza ngabo-Chief. Nangabe kuyiNgwenyama bathi, Paramount Chief. Kubayini u-George angabizwa ngo- Paramount Chief naye ngokwakhe. [Ihlombe.] [Kwaqhwatywa.]
Emaswapheleni, ngifuna ukutjho bonyana ngiyabawa esitjhabeni sekhethu bonyana singadoyiswa babantu, babalalelise kuhle. Begodu siyabawa esitjhabeni sekhethu kobana mhlana amalanga amasumi nabunane 18 kuMrhayili basebenzise ilungelo lokukhetha ngendlela efaneleko. Lelilungelo leza budisi. Kwaphalaka iingazi, abobaba basukela amakhaya wabo, batjhiya abomma nabantwana bayokulwela lelilungelo lokukhetha. Abantwana batjhiya abazali babo baya emazweni laphe bangaziwa khona bayokulwela lelilungelo lokukhetha. (Translation of isiNdebele paragraphs follows.)
[What we have seen, Chairperson, is that some of the political parties use 21 March to go and campaign for the municipal elections or for their councillors. We have seen some in Siyabuswa and when they arrived in Siyabuswa they attacked the ANC, and they said whatever they wished to say. They do not know that Siyabuswa was built under conditions of hardship.
The Ndebele people lived in Doornkop near Middleburg in Mhluzi under the jurisdiction of the Steve Tshwete municipality. Those people were forcibility removed, and when they resisted the removals bulldozers were called in and took them to Siyabuswa. We are appealing to such political parties to go and conduct research in order for them to find out who the real king of the Ndebele people is.
We saw a white woman wearing a traditional Ndebele blanket. I was shocked to see that and I immediately realised that my grandfather passed on without seeing anything. Those who were in power previously did not even on a single day respect our traditional leaders. When they referred to the western kings, they addressed them as kings. They would say King George, but when they arrived in Africa they degraded our kings to the level of a chief. If it were the king they would call him a paramount chief. Why is George not also called a paramount chief?
Lastly, I would like to appeal to the nation not to be misled by other people. They must listen carefully. I am also appealing to the nation to use the opportunity of 18 May to exercise their right to vote in a proper manner. This right came under very difficult circumstances. There was bloodshed; fathers left their homes and their wives and children to go and fight for this voting right. Children left their parents and fled to other countries they did not know to fight for this voting right.]
The national anthem ends with the words:
Let us live and strive for freedom, in South Africa our land.
I thank you. [Applause.]