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23 December 1994
To whom it may concern
SUBMISSION: THEME
COMMITTEE V
I note that the above theme committee does not
specifically cover the relationship between the individual citizen and the
judiciary/legal
state-apparatus. I firmly believe that certain principles must
be entrenched in the Constitution to prevent miscarriages of justice
that are
allowed under the present system:
- The
legal system must be made "user friendly". In South Africa, only an elite is
currently able to afford to employ lawyers, It is
presently unforgivable that no
help is given to people who must undertake their own defence (an office located
in the same building
as the Magistrates and Supreme Court that
employedlofficials who helped explain the legal procedure would be a start). It
is presently
impossible that an illiterate person can fully understand the
contents of a Summons or a Plea. Our civil courts have become an ideal
arena
for the wealthy to sue others with,, confidence, simply because they are aware
that the costs of representation for the defendant
are prohibitive. This
situation must change. Financial aid would be ideal, but perhaps too
costly.
- Once
judgement has been passed against a defendant who failed! to file an intention
to defend, the costs of having the judgement overturned
are prohibitive. An
alternative system that takes the financial situation of most defendants
into account must be devised.
- When
an individual has a civil judgement passed against ]tier, name, this
judgement remains for five years after the debt has been paid.
There should be
an inexpensive method of having judgements cleared immediately after they have
been paid. Punishing the individual
for a further five years (by making it
difficult to obtain loans, etc.) serves no purpose whatsoever. The
credit-rating industry
should tall under the jurisdiction of the courts,
particularly with regard to having an individuals rating reviewed~iby an
independent authority.
A legal system that fails to offer aid to
the disadvantaged) members of society cannot be tolerated in a country that
purports to respect human rights.
Basil Lawrence
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