Special Hearings — Legal Hearings — 1997-10-27

GOMOTSO GAILI: Could I proceed? Yes, before indulging in any analysis of any process of life in South Africa is unfortunate, however a imperative that one does not do an injustice one endeavours by not reflecting on our brutal history.
 One may be able to understand and hopefully change the status quo through looking at this history. We cannot avoid reflecting on our history, because of the present system of governance and also the effect it had on our social order.
 Since apartheid was structural and institutional it affects every sphere of our private and public life. The Department of Justice as a Government Department could not be immune to this interference.
 Especially since it was expected that it confirm and perpetuated the status quo. The end results of that was that it was a bias against the Black people.
 It's common cause that apartheid was a policy created for the sole purpose of the White denomination. This transcended through the economic sphere as well.
 It will be argued in this submission that an individual's race, gender and economic standing invariably determined the outcome of the treatment by the justice system. This of course was clearly expanded expounded by an American Senator Philip Hart who commented that justice is a two transmission belt, one for the rich and one for the poor. The low income transmission belt is easier to ride without falling off and gets to prison in a shorter order.
 The transmission belt for the affluent is a little slower and it passes innumerable stations where its exits are temptingly convenient. This is true in South Africa, today as it was in the US.
 The effects of - the affects were as a result of deliberate calculation with the previous regime to specifically exclude Blacks from the personnel structure from the Department of Justice.
 It is against this background that we should consider the following. In this case I'm only going to consider the first part, the race and the gender composition of the Department and my friend will do the second part.
 In analysis of this, the personnel composition, it would be expedient to start from 1977, because it was during this year that people were first taken up to employment ranks of the Department. This is according to the Race Relations survey of 1977. According to the then Minister of Justice said, in 1977, that there were two Coloured and two Asians prosecutors. Furthermore, he stated that it would be contrary to Governmental policy to appoint Africans to professional posts in the public service of the Republic of South Africa.
 Africans were expected to train in homelands so that the services of the Bantu can be employed in the homelands of his origin.
 Tracing from 1977 to later, after ten years in 1987, the first - Mandladergla Gavella(?) started work at the Pietermaritzburg Magistrate's Court as the first African prosecutor in South Africa, outside the homelands system.
 In the same year the South African first Indian judge, Mr Hassan (...indistinct) was appointed to sit on the Bench of the Durban coastal local division Supreme Court.
 As it was in December 31, 1988, 27 Africans, 54 Coloureds, 208 Indians and 847 Whites were serving as prosecutors in South Africa. This of course excludes the independent and non-independent homelands.
 People employed with the legal qualifications in the Department of Justice in the period of 1988, 1989, 1990 were as follows. 2049 Whites, 27 Africans, 61 Coloureds 40 Indians.
 These statistics of course they reflected status quo until 1990 and that days there's no marked difference in the personnel make-up of the Department, even to date. This of course it's been under certain assumptions. 
 Firstly, the Justice Training College being the major training ground, especially for the magistrates, has not shown a significant increase in the intake of people of colour.
 Secondly, having a look through the Justice Department's magazine - the name I cannot pronounce correctly - it is quite evident in the portrayal of people and advocates who the majority personnel still is.
 The fact that the Department had to 2049 Whites employed between the period of '89 and '90, coupled with the (...indistinct) clause. The (...indistinct) laws made an agreement that civil servants from the previous Government wouldn't be - actually their jobs were safe, would make it safe to assume that the changes in the make-up have not yet reached the democratic make-up of the country.
 Lastly, it's also said to note the low number of women in the Department of Justice.

YASMINE SOOKA: Thank you.