The court rationalisation committee, which has recommended to justice minister Ronald Lamola that the provincial court seat move from Makhanda to Bhisho, had failed to properly consider the astronomical cost to the public purse of such a move.
The failure to consider budgetary implications runs counter to the committee’s terms of reference, says Rhodes University-based watchdog the Public Service Accountability Monitor [PSAM].
The PSAM has written to Lamola urging him not to action his committee’s final recommendations.
The committee, chaired by former deputy chief justice Dikgang Moseneke, earlier this month released its final report proposing both that the provincial court seat be moved to Bhisho and that Makhanda’s high court’s territorial jurisdiction be reduced by about two-thirds.
It said these measures would improve access to justice for the majority of people in the province.
But the PSAM said that in its final report, the committee had failed to make any reference to the PSAM’s earlier submissions on the stress such a move would cause to the public purse.
“The committee appear to have ignored our budget-related concerns and reasoning and, therefore, not referenced and responded to it in the final report,” the PSAM said in a public letter to Lamola.
“For the committee to recommend such significant changes without proper consideration of the budget implications is a significant oversight, especially considering that the committee’s terms of reference required that it consider ‘the affordability of any proposed outcome.”
In the final report, Moseneke, without going into any detail, summarily dismisses any concerns about the cost of the move of the seat.
“It matters not ... If Bhisho answers to the main attributes for enhancing access to justice for many people, steps must be taken and resources put up for the gradual realisation of that public good.”
But, in its submission to the committee in January, the PSAM said critical programmes across provincial departmental budgets were already underfunded and the “real costs” of implementing the decision to move the seat of the court to Bhisho should be properly considered.
The Makhanda High Court Action Committee, which includes dozens of civil society, legal educational, religious and other stakeholders from across the spectrum, has estimated it would cost more than R1bn to bring the Bhisho high court and related infrastructure up to speed to accommodate the additional requirements of hosting the seat.
PSAM director Jay Kruuse says the cost is too high.
“SA faces significant budget deficits and inflation pressure while the repeated bailouts of state-owned entities erode budgets towards social services, including the justice department,” Kruuse said.
He said the functioning of courts and access to justice would be better served if justice departmental budgets were directed at the installation of batteries, solar panels an inverters to keep the lights on at existing courts.
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