CHECK AGAINST DELIVERY

USAID Team Leader, Katherine Liesegang—Remarks
Governing Justly and Democratically
Community Court Handover—Mankweng, Limpopo Province
May 22, 2007

Advocate Simon Jiyane, Deputy Director-General, Court Services;
Ms. Belinda Molamu, Chief Magistrate;
Advocate Nelson Rapetsoa, Chief Prosecutor;
Ms. Gomolemo Moshoeu, Criminal Justice Strengthening Program Project Director;
Other important guests and community people:

Today is exciting.  Instead of the daily dose of bad news about crime that dominates the media, we celebrate good news today.  South Africa’s justice system now has a brand new way to deal more efficiently and equitably with accused criminals than ever before: through community court services.  USAID is handing over to the South African Government one of the first of six Community Courts we helped to develop and test to guarantee fair, quick and accessible justice for ordinary citizens. 

Community Courts have been created to reduce the staggering case backlog by practically eliminating the delays of processing minor crimes that clog the justice system.  These Courts are located close to the “scenes of the alleged crimes", so Court staff can deal swiftly with petty offenses that cause a large ratio of the logjam.  USAID’s support to develop a national network of Community Courts enables every person to access justice quickly and equitably.

My team at USAID, known as the “Governing Justly and Democratically” Department, has been reflecting on South Africa’s past 13 years of official democracy.  Before that time, discriminatory laws governed this country, as all of you present today would know.  It’s appalling to realize that most of this country’s people were denied the most basic human rights.  Arrests and detentions without trial were considered immoral, but legal. 

When democracy was finally ushered in by the people of South Africa in 1994, the legitimate new government inherited a monumental crisis—overhauling the way this country functions and building.  That’s when USAID’s support began formally here.  South Africa’s new government asked us to help in six key areas: 

• Build and consolidate democracy and good governance
• Improve education and access to it
• Help develop an equitable health system (one that now is tackling HIV and AIDS as well)
• Increase local capacity to analyze and implement economic principles and practices       
• Promote economic growth that produces jobs and trade opportunities
• Support access to houses, municipal services and urban improvement

Our expertise and actions have matched South Africa’s goals.  We have helped to lay the foundation across all these sectors to develop, test and promote activities that are sustainable here and benefit local people, especially those who were marginalized by apartheid.   

South African officials and civil society identified their key justice challenges and issues.  USAID has responded under the banner of “STRENGTHENING THE CRIMINAL JUSTICE SYSTEM”. We’ve responded through the following activities we supported in the 1990s:

• The Truth & Reconciliation Commission, Human Rights Commission and Commission on Gender Equality
• Refurbishing court buildings in the former Transkei homeland
• Working with the legal forum to restructure legal education   
• Nongovernmental Organizations (NGOs) providing constitutional and human rights education to communities
• Advice centers providing legal and general guidance to communities
• Study tours to the USA for SA magistrates, judges, prosecutors and other justice officials to learn how the US legal system works and what can be replicated here
• Exposing the Ministry of Justice how the US witness protection works
• Institutional capacity for the National Prosecuting Authority

We are deeply gratified to see how these activities have succeeded and been entrenched in South Africa’s justice landscape.  Since the year 2000, our support is focused mainly on the following efforts:

• Training justice sector personnel (judges, magistrates, prosecutors, and other justice officials) on cultural diversity, leadership  and judgment writing
• Specialized training to prosecutors on how to develop strategies to take legal action on gender-based violence cases, as well as fraud and corruption cases
• Specialized training to the directorate of special operations on how to develop strategies to investigate and prosecute complex financial crimes
• Support to six Thuthuzela Care Centers and six Sexual Offenses Courts.  My South African staff tells me that the word, “Thuthuzela”, is Zulu for “comfort”—what an appropriate name.
• Support to six Community Courts (3 in Cape Town, 2 in KZN and 1 in Mankweng)
• The Re Aga Boswa (re-building) program – the decentralized court support initiative
• Assessing the document management systems at the five busiest courts (Johannesburg, Durban, East London, Molopo and Kempton Park)

Overall between 1994 and 2006, USAID has supported, tested and refined justice-strengthening programs and personnel in South Africa at a value of more than $26.7 million.  

We have asked the American people and Congress for a budget to support a follow-on program in four priority areas that South Africa’s Government and Civil Society leaders have asked us to undertake:

Let me just share with you a few of the activities that we’ll undertake as part of this program:

(1) Continued support to the Department of Justice and Constitutional Development for institutional strengthening

(2) Continued training for justice sector officials

(3) Improved court administration

(4) Access to Justice

• Helping to improve trial management by implementing the five court administration assessment’s recommendations
• Continue supporting Sexual Offenses Courts and Community Courts
• Women Justice & Empowerment Initiative (WJEI) – through this U.S. Presidential Initiative, 15 Thuthuzela Care Centers will be established and 10 existing ones will be improved

Now, let’s get back to our reason for inviting you here to Mankweng today.  Look at this Community Courtroom.  Meet the trained staff who are here to serve the judicial needs of this district. South Africa’s criminal justice system will function better with this and other Community Courts in the country. 

Be aware that broader socio-economic issues faced by the community will be taken into account in court rulings to ensure that justice is served for everyone. 

We appreciate Business Against Crime’s collaboration towards developing these well-equipped and staffed Community Courts.  USAID is very proud to hand over this Community Court to the South African Government.  We are confident that you will administer justice here prudently, efficiently and fairly.

As I said in my opening my remarks, the media often focuses on bad news about Africa, such as famines, wars and poverty.  But this Friday—May 25th—is AFRICA DAY.  I hope the world will use the occasion to reflect on some of the many positive achievements made on this continent.  I suggest that South Africa’s Community Courts be recognized as an innovative African solution to help people here gain access to justice that operates efficiently. 

Thank you.