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The Portfolio Committee on Justice and Correctional Services today appealed to the Minister of Justice and Correctional Services to urgently intervene in the Land Claims Court as it was not functioning optimally.

Dr Mathole Motshekga, Chairperson of the Portfolio Committee on Justice and Correctional Services, said: “The Land Claims Court is not functioning well. I am informed the judges are not permanent and the majority of the judges are white.” 

Dr Motshekga elaborated by stating that he does not question the impartiality of the white judges. “… But when an ordinary black South African comes in front of white judges and lawyers in the Land Claims Court, which deals with the sensitive issue of land, it creates perceptions of impartiality. It had also been observed that the Land Restitution Act is loaded against land claimants.  We need to bring amendments to this Act as a matter of extreme urgency.”

The Committee today received a political overview from the Minister of Justice and Correctional Services on the departments. During the meeting the minister raised concerns regarding the transformation of the legal profession. He highlighted the situation at the Cape Bar and said out of the 400 advocates working there, only about 20 are African, this 20 years after democracy. He emphasised the need for white Senior Councils to be part of a tutoring process to ensure that real skills transfer occurs.

The Committee further emphasised the importance of bringing the Traditional Courts Bill back to Parliament. Dr Motshekga said: “The Bill needs to come back to Parliament in whichever form so that Members of Parliament can do their work.”

The previous Parliament could not finalise the Bill within its term and it therefore lapsed. The Committee acknowledged the minister’s intervention since he took office.

The Committee called for:
a) The transformative agenda including community courts and paralegal legislation to ensure that justice is accessible to the downtrodden and people in the remotest parts of the country;
b) The domestication of African human rights instruments;
c) Introduction of indigenous languages in the law curriculum; and
d) Transformation of the Foundation for Human Rights and its mandate to ensure that it focuses on access to justice issues.

The Committee further heard that the appeal application by the department against the granting of parole to convicted killer, Janusz Walus, will be heard tomorrow. The minister highlighted the fact that the criteria to appoint parole boards need to be revisited.

The Committee further acknowledged the many positive strides made by the Department of Justice in obtaining improvements regarding audits.

Issued by Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Justice and Correctional Services, Dr Mathole Motshekga