Revolutionising the Civil Courts in South Africa Through Information Technology

Abstract

A consultative approach was undertaken by a handful of academics in assessing the information technology of court systems from a global perspective inter alia southern hemisphere countries to European trends, which resulted in academics writing critically about this process in revolutionising the case management process and technology. Chief Justice Mogoeng Mogoeng of the Constitutional Court in South Africa remarked that the e-filing system was required to address some of the problems that judicial officers face in hearing appeals when dockets are lost in their entirety. In this specific context there is needed reform for the case management structure of matters that appear on the court roll. The time delay in transcribing records for Judges/Magistrates to access the evidence for writing their judgments inevitably creates backlogs of judgments only being delivered eight months after the trial. This is unfavourable for the litigants that have their matter unduly delayed and causes an incremental rise in litigation fees. A possible solution is for the technology that enables and allows for ‘real-time transcript,’ which ensures that when evidence is given in court it is automatically transcribed. This means that the Judge/Magistrate has immediate visual access to it on the computer. This particular technology could save costs and allow for accurate information to be given to the Judge/Magistrate for faster digestion of the matter before them. The paper-based system perpetuates that copious amounts of pages are filed at court. An environmental lawyer’s worst nightmare of seeing so many pages that have to be printed instead of referring to a ‘soft’ copy. To a litigants aghast, after the very tedious process of paginating the court files and their own files and on the day of the trial/application the court file goes walkabout. The result is that it is impossible for the matter to proceed on the same day, accordingly the trial is postponed to locate the file and the originals alternatively for the respective litigants to file the necessary copies to ensure that the matter can proceed with a copied file for a civil dispute. However from a criminal perspective when the docket is lost, then the case is postponed for the location of the docket and if it cannot be found then the matter is removed from the roll, until it can be found and then the matter will then be re-enrolled on the court roll, sometimes matters take years to re-appear if at all. The result sadly is that when documents go missing that criminals are released into society once again. European countries have adopted e-Courts that function on an online basis where witnesses can attest to evidence through online mediums akin to skype. In the Southern Hemisphere countries such as Singapore and Australia have some of the most advanced Information Technology systems such as e-filing systems and video conferencing are some of the developments that contribute to the ‘dawn of a new era of cybercourts.’ Australia had initially developed the online court system for matters that were ‘complex’ but then a particular necessity for it evolved and as a result at least one permanent cyber court sits in each court. Another reason for using information technology in Australia was to ease the backlog of a paper-based system. The trends in technology is not only to revolutionise business and marketing but also has its place in court. Advanced technology usually sums up convenience and especially in the struggle for access to justice ‘convenience’ is a fad that can address access to justice. A major drawback of information technology is that it is an expensive system, but surely government may address the cost concern if it weighs the successes of the system to paper-based outdated systems. In Singapore the courts have converted to an electronic litigation system, meaning every iota of the litigation is computerised. This paper shall only deal with an analysis of the court online system to revolutionise the civil system within a South African context.