NOTING THAT:

1. A number of the issues regarding the transformation of the judiciary that were decided upon at the National Conferences held in Mafikeng and Stellenbosch, and the 2005 National General Council have not yet been implemented.
2. Implementation of these decisions is long overdue.
3. There have been processes undertaken by both the executive, as well as the legislature, to consult all relevant role players, including the judiciary, on these policy issues, over a very lengthy period.

RESOLVES THAT:

1. A single, integrated, accessible and affordable court system must be established, including the integration of the Judicial Service Commission (JSC) and the Magistrates Commission (MC) into a single appointment mechanism and the establishment of a single grievance procedure for judicial officers.
2. The Constitutional Court should be the highest (apex) court for all matters, constitutional and non-constitutional, with the Supreme Court of Appeal (SCA) as an intermediate court of appeal, with the proviso that this should not lead to undue delays in the hearing of appeals. Decisions of the SCA will be final if the Constitutional Court does not grant leave to appeal in a matter. Full bench appeals at the level of the High Court should be abolished and circuit courts shall be introduced at the level of the Supreme Court of Appeal. (SCA).
3. The High Court system should be rationalised into a single High Court, with each province having, at least, a division of the high court, and the courts of appeal should be structured as described in paragraph 2. Each division of the High Court should have a single Judge President and a single territorial area of jurisdiction.
4. Skills resulting from specialisation must be retained as we move towards a single, integrated, streamlined court system. Therefore, specialist skills must be retained, but located within the single court system, for example, the Competition Appeal Court, the Electoral Court and Tax Courts must be so integrated. The Labour Appeal Court should be integrated into the SCA, as a separate chamber. The Labour Court should be integrated into each division of the High Court, possibly as separate Chambers. The creation of further specialised courts outside the single court system should be discouraged.
5. Judicial training and skills development of our judiciary is non-negotiable and must be vigorously pursued. Appropriate mechanisms must be urgently established to pursue the priority of establishing an adequate pool of judicial officers who are steeped in and reflect the progressive values of our constitution.
6. The re-demarcation of courts to enhance access to justice, especially in rural areas, must be urgently expedited. Magisterial Districts must be re-demarcated by taking into account the boundaries of the other levels of government, especially municipal boundaries and the distribution of courts in accordance with population demographics, especially in previously disadvantaged and marginalised communities. Outdated court descriptors (titles / descriptions) should be renamed. The various jurisdictions, mandates, boundaries etc. must be rationalised, integrated and aligned.
7. A new layer of Regional Civil Courts should be established by extending their jurisdiction to civil law matters; the functions of the old "black" Divorce Courts must be taken over by the new Regional Civil Magistrates Courts.
8. "Community" courts, municipal and small claims courts must be promoted and expanded where practical and practicable.
9. There must be an alignment of traditional courts with our new constitutional dispensation and particular attention must be paid to the incorporation and development of our indigenous law
10. There needs to be an integrated system of court governance, within a single judiciary, with the Chief Justice as the head of the judiciary.
11. Whilst justice is an exclusive national competency, there is a need to look at the matter carefully in the context of co-operative governance with particular reference to access and equity. We reaffirm the need for everyone to respect the rule of law and the independence of the judiciary, especially in so far as the adjudicative function of the courts is concerned. The judiciary must adjudicate without fear, favour or prejudice, but should also respect the areas of responsibility of other arms of the state and not unduly encroach in those areas.
12. The principle of separation of powers and the independence of the judiciary must be respected by all spheres of government. In this context:
    1. The Chief Justice, as head of the judicial authority, should exercise authority and responsibility over the development and implementation of norms and standards for the exercise of all judicial functions, such as the allocation of judges, cases and court rooms within all courts in the court system.
    2. The administration of courts, including any allocation of resources, financial management and policy matters relating to the administration of courts, are the ultimate responsibility of the Minister responsible for the administration of justice.
13. There must be a single rule-making mechanism for all courts, which is inclusive of all role players, to process rules through the Rules Board, which is a specialist advisory body consisting mainly of legal practitioners, with the rules being approved by the Minister and Parliament, and in the process of adopting rules to allow for public participation.
14. Every person must enjoy the right to use an official language of his or her choice in all court proceedings of first instance. Interpretation services must be provided, as far as is possible, where the language in criminal proceedings is not the accused's official language of choice or is conducted in a language he or she does not understand. In the case of an appeal / review against the findings of the court of first instance, the record must be typed in English, for use in the court of appeal/review. Any written court process (for example, a summons or writ of execution) should be produced and printed in English and, if it is the wish of a litigant, in one other official language, as prescribed.
15. This resolution, including past resolutions, must be urgently implemented by the end of the present term of government.