M.B.A. / An investigation into the application of judicial case management in the South African civil court system to enhance quality and access to justice. Background The South African judicial system, and in particular, the lower Courts have been plagued by inefficiency and inadequate use of its resources. This, in turn, has lead to inordinate delays in the prosecution of both civil and criminal matters. This research will however focus on the civil prosecution of cases. Ultimately, the quality of service being provided to both internal and external customers is lacking and is evidenced by the slow pace of cases through the system. The civil justice system in South Africa is in need of an overhaul as the quality of the service provided by the courts has been questioned extensively. The focus of this research is to look at judicial case management as well as some of the current factors that may be responsible for the delays in the civil justice system and to propose judicial case management as a possible solution to enhance quality in the South African judicial system. Related to the concept of quality are productivity and efficiency and, by implication, these areas may also be improved. Accordingly, this study will assess the current situation in the South African civil justice system and investigate if judicial case management will assist in achieving quality and productivity. IV Objectives The overall objective of this study is to formulate recommendations to enhance quality and access the civil justice system. To reach the above aim, the following objectives are relavant: 1.3.1 Conduct interviews with members of the public and legal professionals involved in the civil justice system in South Africa to assess their perceptions of the system. 1.3.2 During the interviews, elicit recommendations on how the system may be improved with particular emphasis on judicial case management. 1.3.3 Conduct a literature review of relevant and available literature that investigates developments in the British, Canadian, Australian and part of the American legal system, respectively. 1.3.4 Describe and analyse the data collected. 1.3.5 Compare the data collected in the South African context with developments in international judicial systems. 1.3.6 Make recommendations with a view to improving quality in the South African civil justice system. Design and data collection A qualitative research paradigm will be used for this study. Primary data was collected using the semi-structured interview method and the in-depth interview methods, respectively, in order to determine the views among some legal professionals in the province of Gauteng as well as certain members of the public. Documentary secondary data was also used in this research project in addition to the primary data collection methods. Conclusions In summary, the conclusions can be drawn that: there are problems in the South African civil justice system that lead to increased costs, unnecessary delay and complexity of the system; the causes of the problems are related to a wide variety of issues that range from, inter alia, human resources, training, operational issues, jurisdiction of courts, the structure and functioning of the courts, pleadings and the rules of court; there is a need and a willingness for judicial case management, despite some opposition, but that nature and form thereof will have to be the subject of discussion. Recommendations Recommendations to improve the system range from improving statistical analyses; increasing the public participation process in law making; improving the sheriffs services and service of process; improving the management and administration of the courts; introducing alternative dispute resolution and possibly mandatory dispute resolution; addressing procedural issues and finally, introducing some form of judicial case management.

Oliver Tambo Institute of Governance and Policy Studies / MPM

The law of civil procedure is an important branch of South African law as it resolves individual civil disputes through a regulated judicial system. Mandatory statutes and rules regulate the processes when bringing disputes to court. For example, the Superior Courts Act 10 of 2013, regulates the superior courts, while the provisions of the Magistrates’ Courts Act 32 of 1944, as well as the Small Claims Court Act 61 of 1984, control the lower courts. Further, a series of court rules ensure efficient operation of different courts and support the overarching legislation. For example, the Constitutional Court Rules, Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal, Uniform Rules of Court, Magistrates’ Courts’ Rules, and the Rules of Small Claims Court support the implementation of legislation. The researcher submits, however, that the current legislative provisions, and their enabling rules, are not fully complementing the Electronic Communication and Transactions Act 25 of 2002 and are thereby impeding the growth of e-technology law in South Africa. Put differently, they do not embrace the use of e-technology and digital devices. It appears that in future civil proceedings will occur electronically through digital and e-technology devices. Present legislation does not cater for this practical reality. This calls for South African courts to, for example, install satellite devices that will ease the use of e- technology in civil proceedings. The researcher avers that there have been attempts by the Constitutional Court and Supreme Court of Appeal to enable electronic communication through their websites, but this is insufficient to effectively implement the provisions of the Electronic Communications and Transactions Act 25 of 2002 especially insofar as service of process. The courts have effectively moved away from the decision in Narlis v SA Bank of Athens, which excluded computer-generated evidence and there have been attempts by South African courts in recent decisions to appreciate the use of e-technology. For example, in CMC Woodworking Machinery v Odendaal Kitchens the court, for the first time, acknowledged service of court papers via Facebook. Further, in Spring Forest Trading v Wilbery, the Supreme Court of Appeal confirmed that electronic communication such e-mail, can be used to cancel agreements, even where parties incorporated a non-variation clause into the agreement. However, there is an urgent need to review and amend South African statutes and rules to fully acknowledge the fact that e-technology is a constantly evolving modern reality. Therefore, South African laws and rules ought to be in-line with e-technology developments and competitive with international jurisdictions such as England, the United States of America and Canada. The rules of these jurisdictions realise the use of e-technology and digital e-technology, particularly in England where a pilot project that facilitates the use of e-technology and digital e-technology in civil proceedings, is already in place. The time has come to fully employ e-technology and digital e- technology law within South African law of civil procedure. This research investigates the possibility, and practical implications, thereof. / Criminal and Procedural Law / LL. D.