By 
It’s good to see lawyers seeking solutions (“Simplifying to save Gauteng’s judicial system”, November 5). However, the solution lies deeper, beginning with university education.
The writers’ opinion does not deal with statutory involvement, such as the overdue moving of all criminal cases to magistrates, subject to exception. Magistrates have done well in controlling cases and giving judgments. Judges are different not only in that a judicial decision binds other courts, but civil law practitioners are often uncomfortable with criminal courts. There are more reasons for separation.
On practical matters the scope is wide. To follow the line of the writers’ view, perhaps all cases should only require a “simple summons” in the style of a current “combined summons”. Opposition may then be met by a summary judgment application in the now destroyed condition in which the defendant needs to tell his story and explain his defence.
The court in such an application selects issues for prior hearing, allots better trial dates and gives other directives. It should all be simple, and not an elaborate and detailed scheme as in the past.
A secret is not to involve any court or judge in a court case until it is established that adjudicating is needed, and what precisely is to be determined. The duty then arises to control how the issue is best dealt with.
However, it remains for a “court” to be available and not to pressure a party to go elsewhere or subject them to more delay and expense — including using “correspondents”. But practitioners dislike any proposal they suspect will cause “taking food out of my mouth”.
HCJ Flemming
Retired judge
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