THE JUDICIARY March 2020 | Q4 ISSUE SEPTEMBER 2019 | Q2 ISSUE WHEN ACCOUNTABILITY FAILS, THE PEOPLE SUFFER A LIFE DEDICATED TO JUSTICE STATE OF THE NATION ADDRESS (SONA) JUDGES REGISTRABLE INTERESTS Judiciary Newsletter I II Judiciary Newsletter NATIONAL OFFICE ADDRESS: 188 14th ROAD, NOORDWYK MIDRAND, 1685 SWITCHBOARD NUMBER 010 493 2500 Judiciary Newsletter III TABLE OF CONTENTS 02 COVID-19 Measures adopted by Heads of Court 04 When Accountability Fails, the People Suffer 08 A life dedicated to Justice 10 Facts on the COVID-19 Virus 11 Chief Justice Speaks 12 Wuzhen Declaration of The World Forum on Rule of Law in Internet 14 UWC Law Faculty celebrates 40th anniversary 15 Judicial Appointments and Retirements 16 Bringing Hope and Justice to a community 18 Judges Registrable Interests 19 Short Listed Candidates 20 Court Online 22 State of the Nation Address (SONA) EDITORIAL STAFF & CONTRIBUTORS Editor: Judge President Dunstan Mlambo Writers: Mr Brian Sokutu | Judge President Dunstan Mlambo | Justice Mahomed Navsa Judge Robert Henney | Judge Chantel Fortuin | Ms Lusanda Ntuli | Ms Pfunzo Mafenya Photographers: Mr Allister Slingers | Ms Lusanda Ntuli | Ms Pfunzo Mafenya | Ms Nontembiso Kgatle Designer: Ms Nontembiso Kgatle TheSouthAfricanJudiciary NATIONAL OFFICE: 188 14th Road, Noordwyk, Mindrand, 1685 @OCJ_RSA Judiciary RSA T: +27 10 493 2500 E: [email protected] @OCJ_RSA W: www.judiciary.org.za IV Judiciary Newsletter Editor It is my pleasure to present to you the first Issue of the Judiciary Newsletter for the year 2020. We trust that the first quarter of the year has been good to you and that you are making visible progress towards achieving your goals, not only for this year, but for the new decade as well. We publish this Issue as the world is faced with the Coronavirus (COVID-19) pandemic. The outbreak of chronicles a remarkable life lived in service both to law this virus is proving to be one of the greatest challenges and to the struggle for social change and justice. We humanity has ever had to contend with and may yet preview the biography on page 8, with thanks to Mr prove to be catastrophic if all of us do not do what is Brian Sokutu. within our power to contain its spread. Members of the Judiciary have been out and about The President of the Republic, Mr Cyril Ramaphosa, has speaking on various platforms on an array of topics, declared a disaster in our country to underscore the both locally and abroad. As we always do, we share seriousness of the pandemic. Each of us has the duty with you what our colleagues have been saying in these to protect ourselves and those around us from infection platforms on pages 13 and 14. We express our gratitude by making simple hygiene practises second nature. to all the members of the Judiciary who have taken the time to provide us with transcripts for publishing in this As organisations, we also have the responsibility to newsletter. do all we can to protect members of the public that interact with us. We are very grateful for the leadership You will find more as you page through this Issue and that has been shown by the Heads of Court in this we hope that you will you will enjoy each and every regard, ably led by Chief Justice Mogoeng Mogoeng, page. As we continue to live our new normal under the to introduce measures to make members of the public Coronavirus outbreak, let us be kind and considerate feel safe when they visit our courts. Read more about with one another. Let us remember our resilience as a these efforts on page 2. nation and find hope in the knowledge that this too shall pass. Okungapheli kuyahlola. Pan Macmillan recently published a biography of the late legal giant, Arthur Chaskalson. The memoir, titled Judge President Dunstan Mlambo Arthur Chaskalson: A Life Dedicated to Justice for All, Chairperson: Judicial Communications Committee Judiciary Newsletter 1 MEASURES ADOPTED BY THE HEADS OF COURT TO CURB THE SPREAD OF COVID-19 IN ALL COURTS. It is imperative that all court buildings have running water, toilet paper, soap, disinfectant wipes and all other relevant health and safety material. 2 Judiciary Newsletter DIRECTIVES ISSUED BY CHIEF JUSTICE MOGOENG • Handheld infrared thermometers (scanners) shall be MOGOENG IN TERMS OF SECTION 8(3)(b) OF THE made available to conduct the temperature screening SUPERIOR COURTS ACT, 2013. of Judicial officers, staff and members of the public; and Whereas on Sunday, 15 March 2020 Cabinet decided that: • Provision of bins for the disposal of biohazard material. (i) gatherings of more than 100 people will be prohibited; and (ii) where small gatherings are unavoidable, organizers will 3. It is imperative that all court buildings have running need to put in place stringent measures of prevention and water, toilet paper, soap, disinfectant wipes and all other control, in order to curb the spread of COVID-19 in South relevant health and safety material. Africa, . 4. A distance of 1 meter shall be maintained between Now, therefore, the Heads of Court have decided to adopt people seated in a court room. the following measures: 5. Judicial officers and court staff must self-isolate and 1. Persons with a material interest in a case, such as seek medical intervention if they display any symptoms. practitioners, litigants, accused persons, witnesses, those This also applies to those Judicial officers and staff who may be needed to provide support such as those members who have travelled to high risk areas or have accompanying children, victims of domestic violence been in contact with a person who has recently travelled, and/or sexual abuse, elderly and people with disabilities, displays symptoms or have been confirmed positive for family members, representatives of special interest COVID-19. or support groups and members of the media will be permitted to enter the court precinct. 6. The Heads of Court may make proposals to the Executive, in line with section 165 of the Constitution 2. All court buildings shall be secured to avoid exposing and the powers contained in the Superior Courts Act, Judicial Officers, court staff and members of the public 2013, to issue Regulations impacting on the operations to risk. To that end, the following measures shall be put of courts. in place: Judicial officers and • Decontamination of reception and admission areas / community service centres, court rooms, cells / court staff must self- detention facilities, offices, lifts, vehicles, biometrics and ablution facilities; and all other objects that are isolate and seek medical generally touched by persons utilising the facilities intervention if they including handles and taps. display any symptoms • Floor and work surfaces of court rooms, with special focus on maintenance, domestic violence and children’s 7. The Executive shall avail the necessary resources to court, shall be disinfected periodically, at least twice a ensure that these measures are implemented and that day during working hours; access to justice is enforced in line with provisions of • Assignment of officials who will sanitise hands of section 165(4) of the Constitution and the principle that officials (including service providers), persons in justice shall not only be done but must manifestly be custody, inmates and visitors at all entry and exit points; seen to be done. • Installation of secured alcohol (ethyl alcohol 70%) 8. The Department of Health, with the coordination of based sanitizer dispensers at all points of entry, exit, the Minister of Justice and Correctional Services, shall work stations and in the passages/corridors; conduct assessments of the preventative measures at • All officials at reception, admission and operational Courts. areas shall be issued with appropriate protective equipment i.e. heavy duty gloves, N95 masks, 9. The Judiciary urges all to comply with the directives and protective eye shields etc (as per the Department of guidelines issued by the relevant Departments when Health Standard Operating Procedures); dealing with confirmed or suspected cases of COVID-19. • Gloves shall be sanitised between searches; GOVERNMENT GAZETTE: NO. 43117 | VOL. 657 | 20 MARCH 2020 Scan the code with your phone to access the Gazetted Directives by the Chief Justice to address, prevent & curb the spread of the COVID-19 Virus in all the Court precincts in South Africa. Judiciary Newsletter 3 WHEN ACCOUNTABILITY FAILS, THE PEOPLE SUFFER The Judge President of the Gauteng Division of the High If government, which we Court, Judge Dunstan Mlambo, addressed a cocktail function on January 29 in Johannesburg hosted by the Black Lawyers’ are part of as the Judiciary, Association (BLA) to welcome members of the National Bar is the greatest reflection on Association (NBA), one of the largest Associations comprising of African-American lawyers and judges in the US. human nature then it must represent the best in human In addressing the role of the judiciary the following questions need to be assessed: values I hope no one disagrees with me when I say there exists an • Democracy and constitutionalism – what role does the important moral and ethical underpinning responsibility and judiciary have in promoting democratic practices in accountability to ordinary citizens on the part of government. societies that are deeply divided by racial lines, social I fear no contradiction when I suggest that when that injustices and poverty? accountability fails, the entire moral edifice of constitutionalism • What is the role of the courts and democratic institutions and democracy, fails. I mention the following examples to in upholding the rule of law and promoting a free and make my point. In South Africa, the poor are still holding on fair society? to the promises of the Constitution. • The Judiciary is the third arm of government – are we effective in keeping the other two arms in check? There are loud voices suggesting that the Constitution • How do we make use of these public engagements as remains a dream and the born frees regard the Constitution Judges in relation to what’s happening in our countries as a sellout document.