In terms of Item 16(6)(a) of Schedule 6 to the Constitution, 'all courts, their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalized with a view to establishing a judicial system suited to the requirements of the Constitution'. These include finalizing 40 cases per month per District Court and 15 cases per month per Regional Court during 2003/04.
Except when otherwise provided by law, the area of civil jurisdiction of a Magistrate's Court is the district, sub district or area for which the Court has been established. South African law as applied in the Western Cape is in force on Prince Edward and Marion Islands, which, for the purpose of the administration of justice, are deemed to be part of the Cape Town magisterial district.
The commissioner is usually a practicing advocate or attorney, a legal academic or other competent person, who offers his or her services free of charge. Neither the plaintiff nor the defendant may be represented or assisted by counsel at the hearing. The commissioner's decision is final and there is no appeal to a higher court. A practicing attorney is ipso jure a member of at least one of these societies, which seek to promote the interests of the profession.
acting as an Office of Record.
The computerisation of the Guardian's Fund has reached an advanced stage and will revolutionise the administration of trust funds for minors. The Guardian's Fund grew by 18% in 2003.
The Rules Board is a statutory body, empowered to make or amend rules for the High Courts, the Supreme Court of Appeal and the lower courts. It also develops rules and court procedure to ensure a speedy, inexpensive civil justice system, which is in harmony with the Constitution and technological developments, and accessible to all South Africans.
The Office of the Family Advocate functions in terms of the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987). The Family Advocate, assisted by family counsellors, reports to the court and makes recommendations which will serve the best interest of children in cases where there is litigation relating to children in divorce actions or applications for the variation of existing divorce orders.
defending the rights of households through impact litigation.
With a view to extending the basis for consultation and involving interested parties and the community at an earlier stage in the process of law reform, shorter documents - which precede the publication of discussion papers - are compiled for general information and comment. The object is to stimulate and activate debate in respect of relevant matters, and to give direction to the reform, which is to follow. The Commission's line of thinking is also evident from the community-orientated nature of the investigations included in its programmes.
carry out research and educate.
establish the Commission as a resource and focal point for human rights in South Africa in collaboration with other institutions on the continent.
the administration of justice.
conducting research to further the objectives of the CGE.
The CGE works in partnership with various civil-society structures and other organizations with similar objectives.
Spatial Development Initiatives.
One of the noteworthy activities recently finalised by the CGE is Integrated Development Planning, whereby the CGE monitored and evaluated whether or not local government has gender-responsive approaches to service provision, and developmental plans that have a positive impact on women.
preparation of Cabinet and Parliament documentation for ratification of human rights treaties, including report-writing.
France (ratified on 11 November 2002).
An MLAT with China was recently signed but has not yet been ratified.
The Directorate also participated in the negotiation and the finalisation of the SADC Protocol against Corruption. The Cabinet has approved this Protocol and it is before Parliament for ratification.
Commission on Human and Peoples' Rights in May 2002. The Protocol to Establish the African Court was signed by South Africa in June 2002.
The Directorate has prepared three human rights country reports for submission to the relevant UN Committees. The reports relate to the Convention Against Torture or other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Discrimination, and the International Covenant on Civil and Political Rights (ICCPR).
A South African delegation comprising the Departments of Justice and Constitutional Development and of Foreign Affairs attended the UN Preparatory Commission Sessions during April and June/July 2002, which saw the finalisation of the outstanding instruments of the ICC, in particular the Fifth Year Budget of the ICC, and the procedure for the nomination and election of judges, prosecutors and deputy prosecutors. On 11 March 2003, the Minister of Justice and Constitutional Development and his delegation attended the inauguration ceremony of the Court in The Hague, Netherlands.
address co-operation by South Africa with the ICC.
South African judge Ms Navi Pillay was appointed one of the first judges of the ICC in March 2003.