The Grahamstown Bar has added its voice to those denouncing the move of the seat of the High Court to Bhisho.
The Grahamstown Bar has added its voice to those denouncing the move of the seat of the High Court to Bhisho.
The Bar denies that there has been adequate consultation and warns that the move might negatively impact the public’s perception of the independence of the judiciary.
The only reasons given by Jeffrey Radebe, the Minister of Justice and Constitutional Development, for the move is that it would “facilitate effective cooperative governance and interaction between the three branches of government which is an essential element of our constitutional democracy”.
The Bar denies that this will be the outcome. “Our Constitutional democracy is founded on a separation of these three branches of government, which are intended to hold each other in check,” said the Bar said in a statement.
They warn that the decision could create an “unfortunate perception” that the provincial government exercises more control over the High Court than it should, adding that in the past they have has criticised the provincial government on the “exercise of its judicial function”.
“The administration of justice can ill afford such a perception to cast doubt on the independence of the judiciary,” reads the press release.
The Bar said that they were unaware of any “recent consultation with, particularly, the judiciary” that is claimed to have preceded the adoption of this proposal to move the High Court.
They further state that, in the past, consultation with all the relevant roleplayers has resulted in “a consensus that Grahamstown should be restored in full as the seat of the Court”.
“We are unaware of any benefit that may accrue from such a move. Bhisho has neither the physical infrastructure that can accommodate the demands of the seat of the Court nor does it have sufficient personell to take over its administration,” the Bar states.
They further say that the Court in Grahamstown has existed for over 146 years and in this time has “built up a level of expertise and efficiency that has served the province well”.
With at least two other provinces in South Africa requiring the construction of facilities and the recent expansion through refurbishment of the Grahamstown High Court, the Bar states that public funds “should be concentrated on addressing the urgent needs of these provinces, rather than duplicating facilities already in existence on the Eastern Cape”. The public have until 30 June to make their voices heard to the Ministry of Justice.
