Cape Town - More work needs to be done to ensure the judiciary serves the less privileged members of society, says President Kgalema Motlanthe.
Speaking at the World Conference on Constitutional Justice in Cape Town on Friday, the President said despite the gains that have been made, South Africa's judicial system had some way to go in creating a better society for all South Africans.
He said if the judicial system was to contribute to the reconstruction and development of society, it must address the inequalities and imbalances which remain as part of its defining characteristics.
"There is still a problem where those with deep pockets have greater access to justice than the indigent.
"If a rich person is dissatisfied with a judgment from say a magistrates' court they would have the resources to appeal to the High Court, the Supreme Court of Appeal and ultimately the Constitutional Court - something that a poor person would battle to do," President Motlanthe said.
He said there is a correlation between unequal social conditions and access to justice in modern societies, with the result that the poor and downtrodden often get the short end of the stick in comparable legal conditions.
President Motlanthe said that while important changes have taken place in the judiciary since 1994, challenges remained.
"We need a transformed judiciary that relates to and understands the realities of the society it serves. It is crucial that the judiciary must earn the respect and support of the overwhelming majority of the people of the country," he said.
The quest is to create and ensure a united, non-racial, non-sexist, democratic and prosperous South Africa, said Mr Motlanthe, adding that the enforceable socio-economic rights in our Constitution must reflect the commitment to substantially improve the lives of the people of this country.
"Our Constitution and legal framework must provide the tools to change the lives of our people," he said.
Themed "Influential Constitutional Justice - its influence on society and on the development of a global jurisprudence on human rights", the conference was attended by more than 260 senior judges and representatives from constitutional courts, equivalent institutions and their representatives from over 93 countries.
The conference was an opportunity for the world's democracies to exchange ideas on constitutional matters and jurisprudence.
Cooperation between courts engaged in constitutional review, was also promoted during the event as well as advancing global human rights principles.
The President further said the constitution provides the paradigm within which any policy development for judicial transformation must take place and the primary objective is to establish a judicial system that would serve the new social order based on the values of the Constitution.
The envisaged system must lay the foundations for the development of a society based on human dignity, equality and fair administration of justice, the President said.
Chief Justice Pius Langa said South Africa had been blessed with an impressive and universally-respected Constitution, strong constitutional structures and institutions, exemplary leadership and a community that is responsive to the movement towards a more just society.
"These factors have been fundamental in ensuring that democratic values take root during the young days of our constitutional state," he said.
