MARCH 2020
WE THE PEOPLE
> LOCKDOWN > WHAT IS COVID-19 > DECLARING FINANCIAL INTERESTS
> HUMAN RIGHTS > FLEET MANAGEMENT POLICY
> www.sacoronavirus.co.za
1
WE THE PEOPLE - MARCH 2020
CONTENTS 04. Service Delivery & Continuity during Lockdown 06. Steps to avoid COVID-19 in Courts 07. What is the COVID-19 Bug 08. What is a Lockdown 09. Frequently Asked Questions - COVID-19 10. Declaring Financial Interests 11. Quick Guide - To Disclose Financial Interests Electronically
EDITORIAL STAFF AND CONTRIBUTORS
12. Fleet Management
EDITOR: Ms Lusanda D. Ntuli
14. Speak out on Human Rights
WRITERS: • Ms Pfunzo Mafenya
17. Human Rights
• Ms Lusanda D. Ntuli
18. Gender-Based Violence
PHOTOGRAPHERS: • Ms Pfunzo Mafenya
19. Mr Mdletshe appointed as a member of the Legal Deposit Committee
• Ms Lusanda D. Ntuli • Ms Nontembiso Kgatle
DESIGNER: Ms Nontembiso Kgatle
20. Health & Wellness
THANKS TO OCJ COLLEAGUES FOR THEIR CONTRIBUTIONS
TheSouthAfricanJudiciary @OCJ_RSA Judiciary RSA @OCJ_RSA 2
WE THE PEOPLE - MARCH 2020
NATIONAL OFFICE 188 14th ROAD, NOORDWYK MINDRAND, 1685 T: 010 493 2500 E: ocjcommunications@judiciary.org.za W: www.judiciary.org.za
FROM THE
EDITOR Who would’ve thought that within three months of the new decade we would be battling a super bug that
has large parts of the world under lockdown? Whoever thought that washing our hands, and keeping them
away from our face and mouth would make news and trend? Although it should be said that there are plenty
As we have seen in China, Italy, Spain, United Kingdom and the United States where the number of fatalities are very high – the delayed reaction in stopping the spread of the virus, meant there was a higher infection rate as people were still not understanding the gravity of the situation.
of people who needed to hear this message.
It is unfortunate, but as the Minister of Health Zweli I have never been one for overly serious messages,
Mkhize has warned, as more and more people get
they tend to take the fun out of life. However, these
tested we will most likely see an increase in the number
are trying times. As a country we have been called to
of infections.
band together like never before to ‘flatten the curve’ and eradicate COVID-19 (Coronavirus). I am optimistic
We should however remember that it is something that
that we as Team OCJ will heed this call, and form the
a person can recover from.
ranks of those who will do their utmost best to ensure that this disease is eradicated.
I would like to plead with every single one of you to read up and have a clear understanding of what the
On 23 March 2020, President Cyril Ramaphosa
virus does, especially how it spreads from person to
announced that the country will go into lockdown
person. Understand the symptoms that you may have
as of midnight, Thursday, 26 March 2020. Following
when you are infected. Understand the protocols before
which, the Chief Justice issued Directives, instructing
presenting yourself for testing. We are entering autumn
that courts will remain open during this time. However,
and the temperatures are beginning to drop during the
the courts will not run at full capacity, only urgent
evenings and the likelihood of people getting sick from
matters will be heard. “The Secretary General has also
the basic everyday flu will also rise. Know when it is time
issued a notice on 26 March 2020 outlining how the
to go get tested.
administrative arm of the Judiciary will operate during this time. Please read up on this on pages 4 & 5. The lockdown is not a punitive measure, but a lifesaving one. It aims to ensure that the virus is stopped dead in its tracks. It limits the number of people who it can be spread to by limiting the number of physical bodies it comes in contact with.
3
WE THE PEOPLE - MARCH 2020
Be safe, and be well. See you on the other side of the Lockdown. Lusanda D. Ntuli
For all submissions please send an email to OCJ-Communication@Judiciary.org.za
SERVICE DELIVERY AND BUSINESS CONTINUITY FOR THE OFFICE OF THE CHIEF JUSTICE DURING THE PERIOD OF LOCKDOWN MS MEMME SEJOSENGWE
As you are all aware, an announcement has been made by the President of the Republic on Monday 23 March 2020, introducing additional measures to curb the Coronavirus and the declaration of a nationwide lockdown as the nation’s response to the COVID-19 pandemic.
ENABLE ACCESS TO COURTS IN RELATION TO ANY URGENT MATTER, BAIL APPLICATIONS, MAINTENANCE AND DOMESTIC VIOLENCE RELATED MATTERS AND CASES INVOLVING CHILDREN ISSUES 4
WE THE PEOPLE - MARCH 2020
Subsequently, the Chief Justice has delegated his authority in terms of section 8(3) of the Superior Courts Act, 2013 to all Heads of Court in the Superior Courts and Magistrates/Lower Courts to issue such Directives as would enable access to courts in relation to any urgent matter, bail applications, Maintenance and Domestic Violence related matters and cases involving Children issues. On 25 March 2020, the Minister for the Public Service and Administration (MPSA), issued Directions in respect of service delivery and business continuity for the Public Service during COVID-19. Informed by the above, you are hereby notified of additional measures, effective 27 March 2020, pursuant to those I issued on 23 March 2020, applicable to the Office of the Chief Justice (OCJ), Follow the link below to access the SG’s Circular: http://ocj000-intranet/ocj-covid-19-circulars.html.
1. To ensure that the mandate of the OCJ to provide administrative support to the Judiciary is met, I have identified the following occupational categories as critical jobs required for the functioning of the Courts:
i. Directors: Court Operations ii. Court Managers; iii. Registrars; iv. Registrar’s clerks; v. Judges Secretaries; vi. Interpreters; vii. CRT Clerks; and viii. Labour Court Branch Admin Officers.
2. In relation to the National Office, I have identified the following Units responsible for rendering critical services to ensure business continuity of the OCJ: i. Private Office of the Chief Justice ii. Office of the Secretary General; iii. Court Administration; iv. Finance; v. Information and Communication Technology (ICT); vi. Human Resources Management and Development; vii. Facilities and Security; and viii. Communications.
THE HEALTH AND SAFETY OF ALL OUR OFFICIALS REMAINS OF UTMOST IMPORTANCE 3. Specific employees in the Courts and Units listed above will be identified to render critical services and will be required to report for duty at their respective places of work, unless otherwise advised. As stipulated in paragraph 7.4.12 of the Directions by the MPSA, a letter will be issued by the OCJ to each employee designated in a critical job to facilitate their movement in light of the national lockdown. Each employee must wear their OCJ name tags and any other form of official identification on hand for ease of processing by law enforcement agencies.
5
WE THE PEOPLE - MARCH 2020
4. All other employees not listed herein specifically or identified to render critical services, will be required to work from home, are deemed to be on duty and must be available and contactable. Each Senior Manager is expected to give effect to all aspects of the Directions, more specifically those contained in paragraphs 7.4.7 up to 7.4.11 and reports in this regard will be required for consolidation. 5. I may, at any time, designate any employee as being in a critical job which will require that employee to have to report at the relevant place of work. 6. In line with the directives, I have established an OCJ COVID-19 Coordinating team that will function from the National Office for the duration of the lockdown. Any enquiries must be directed to the Coordinating team which is chaired by Mr N Mncube, Chief Director: Court Administration Services. 7. I am again reminding everyone of our email address for any enquiries you may have which is COVID19OCJ@judiciary.org.za. The health and safety of all our officials remains of utmost importance. The OCJ will continue to work closely with all relevant organs of State and will seek the necessary guidance on any further steps which must be taken to minimize any risk to the health of our officials and the public. All officials are required to fully comply with all national protocols during this lockdown period. Please take good care of yourself and your families during these trying times. Kind Regards
SG
4Ms Memme Sejosengwe - Secretary General FOR ENQUIRIES Email your enquiries to: COVID19OCJ@judiciary.org.za
8 STEPS
HOW TO AVOID THE SPREAD OF
COVID-19 AT COURTS 01
02
03
04
KEY PERSONS
SECURE ALL COURTS
SAFETY MATERIAL
1 METER DISTANCE
Persons with a material interest in a case will be permitted to enter the court precinct
All court buildings shall be secured to avoid exposing Judicial Officers, court staff and members of the public to risk
It is imperative that all court buildings have running water, toilet paper, soap, disinfectant wipes and all other relevant health and safety material.
A distance of 1 meter shall be maintained between people seated in a court room.
05
06
07
08
SELF-ISOLATE
ISSUE REGULATIONS
AVAIL RESOURCES
ASSESSMENTS
The Chief Justice has, in terms of section 165 of the Constitution and section 8 of the Superior Courts Act, already delegated the Authority to make customised directives to all Heads of Superior and Lower/Magistrate Courts.
The Executive shall avail the necessary resources to ensure that these measures are implemented and that access to justice is enforced in line with provisions of section 165(4) of the Constitution.
The Department of Health, with the coordination of the Minister of Justice and Correctional Services, shall conduct assessments of the preventative measures at Courts.
Judicial officers and court staff must self-isolate and seek medical intervention if they display any symptoms.
6
www.sacoronavirus.co.za WE THE PEOPLE - MARCH 2020
WHAT IS THE COVID-19 BUG? Coronaviruses (CoV) are a large family of viruses that cause illness ranging from the common cold to more severe diseases such as Middle East Respiratory Syndrome (MERS-CoV) and Severe Acute Respiratory Syndrome (SARS-CoV).
Following an extensive analysis of the progression of the disease worldwide and in South Africa, Cabinet has implemented a national lockdown, which is supported by the following measures:
Coronavirus disease (COVID-19) is a new strain that was discovered in 2019 and has not been previously identified in humans. Coronaviruses are zoonotic, meaning they are transmitted between animals and people. Detailed investigations found that SARS-CoV was transmitted from civet cats to humans and MERSCoV from dromedary camels to humans. Several known coronaviruses are circulating in animals that have not yet infected humans.
• Firstly, to limit contact between persons who may be infected and South African citizens;
Common signs of infection include respiratory symptoms, fever, cough, shortness of breath and breathing difficulties. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and even death. Standard recommendations to prevent infection spread include regular hand washing, covering mouth and nose when coughing and sneezing, thoroughly cooking meat and eggs. Avoid close contact with anyone showing symptoms of respiratory illness such as coughing and sneezing. South Africa In South Africa, President Ramaphosa announced that the COVID-19 outbreak has been declared a national state of disaster in terms of the Disaster Management Act. The President also said that from the start of the outbreak in China earlier this year, the South African government has put in place measures to screen visitors entering the country to contain its spread and to treat those infected. 7
WE THE PEOPLE - MARCH 2020
• Impose travel ban on foreign nationals from highrisk countries such as Italy, Iran, South Korea, Spain, Germany, the United States, the United Kingdom and China as from 18 March 2020; • Cancel visas to visitors from those countries as well as revoke previously granted visas; • South African citizens are advised to refrain from all forms of travel to or through the European Union, United States, United Kingdom and other identified high-risk countries such as China, Iran and South Korea; and • Gatherings of more than 100 people are prohibited. • To minimise the spread of COVID-19, it is important for everyone to practise the following hygiene habits: • Wash their hands frequently with soap and water or hand sanitisers for at least 20 seconds; • Cover their nose and mouth when coughing and sneezing with tissue or flexed elbow; and • Avoid close contact with anyone with cold or flu-like symptoms. “.. if we act together, if we act now, and if we act decisively, we will overcome [the coronavirus]” President Cyril Ramaphosa.
4Sources: World Health Organisation and SA Gov
WHAT IS A LOCKDOWN? #COVID19
01
#COVID19
WHAT IS A LOCKDOWN A lockdown is an emergency protocol that requires South Africans to stay at home except for essential purpose.
02
Grocery stores, pharmacies, banks and other essential industries will remain open. All non-essential activities are suspended.
#COVID19
03
The nation-wide lockdown is necessary to fundamentally disrupt the chain to transmission. It will prevent the spread of the virus and save the lives of South Africans.
#COVID19
WHAT HAPPENS IF YOU BREAK THE RULES? Anyone breaking the rules could be punished with imprisonment of up to one month or a fine.
#COVID19
05
WHAT IS THE PURPOSE OF A LOCKDOWN
04
WHAT WILL I BE ABLE TO DO UNDER LOCKDOWN? You will be able to: • Seek medical care • Buy groceries • Visit the pharmacy • Access banking services • Get petrol • Collect a social grant.
#COVID19
WHICH SERVICES WILL REMAIN OPEN? • Pharmacies • Banks • Supermarkets & Spaza shops • Petrol Stations • Health care centres Companies that are essential to the production and transportation of food, basic goods & medical supplies will remain open.
06
WE SHOULD ALL CONTINUE TO: • Wash hands: frequently with hand sanitisers or soap and water for at least 20 seconds . • Cover our nose and mouth: when coughing and sneezing with tissue or flexed elbow. • Avoid close contact: with anyone with cold or flu-like symptoms.
WhatsApp Support: 0600 123 456 Emergency Number: 0800 029 99 www.sacoronavirus.co.za 8
WE THE PEOPLE - MARCH 2020
4Source: http://sacoronavirus.co.za
FAQ Frequently Asked Questions
BACKGROUND The global pandemic of coronavirus disease 2019 (COVID-19) was first reported on 31 December 2019 by the World Health Organization country office following a cluster of pneumonia cases in Wuhan City, Hubei Province of China. Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2) has been confirmed as the causative virus of COVID-19. To date, COVID-19 has become a global pandemic and it is continuing to spread across the globe.
4https://www.who.int/news-room/q-a-detail/q-a-coronaviruses
What is a coronavirus?
What are the symptoms of COVID-19?
Coronaviruses are a large family of viruses which may cause illness in animals or humans. In humans, several coronaviruses are known to cause respiratory infections ranging from the common cold to more severe diseases such as Middle East Respiratory Syndrome (MERS) and Severe Acute Respiratory Syndrome (SARS). The most recently discovered coronavirus causes coronavirus disease COVID-19.
The most common symptoms of COVID-19 are fever, tiredness, and dry cough. Some patients may have aches and pains, nasal congestion, runny nose, sore throat or diarrhea. These symptoms are usually mild and begin gradually. Some people become infected but don’t develop any symptoms and don’t feel unwell. Most people (about 80%) recover from the disease without needing special treatment. Around 1 out of every 6 people who gets COVID-19 becomes seriously ill and develops difficulty breathing. Older people, and those with underlying medical problems like high blood pressure, heart problems or diabetes, are more likely to develop serious illness. People with fever, cough and difficulty breathing should seek medical attention.
What is COVID-19 COVID-19 is the infectious disease caused by the most recently discovered coronavirus. This new virus and disease were unknown before the outbreak began in Wuhan, China, in December 2019.
How long is the incubation period for COVID-19? How does COVID-19 spread? People can catch COVID-19 from others who have the virus. The disease can spread from person to person through small droplets from the nose or mouth which are spread when a person with COVID-19 coughs or exhales. These droplets land on objects and surfaces around the person. Other people then catch COVID-19 by touching these objects or surfaces, then touching their eyes, nose or mouth. People can also catch COVID-19 if they breathe in droplets from a person with COVID-19 who coughs out or exhales droplets. This is why it is important to stay more than 1 meter (3 feet) away from a person who is sick. WHO is assessing ongoing research on the ways COVID-19 is spread and will continue to share updated findings.
The “incubation period” means the time between catching the virus and beginning to have symptoms of the disease. Most estimates of the incubation period for COVID-19 range from 1-14 days, most commonly around five days. These estimates will be updated as more data become available.
Is COVID-19 airborne? The virus that causes COVID-19 is mainly transmitted through droplets generated when an infected person coughs, sneezes, or speaks. These droplets are too heavy to hang in the air. They quickly fall on floors or surfaces. You can be infected by breathing in the virus if you are within 1 metre of a person who has COVID-19, or by touching a contaminated surface and then touching your eyes, nose or mouth before washing your hands.
Who is at risk of developing severe illness? While we are still learning about how COVID-2019 affects people, older persons and persons with pre-existing medical conditions (such as high blood pressure, heart disease, lung disease, cancer or diabetes) appear to develop serious illness more often than others.
Is there a vaccine, drug or treatment for COVID-19? Not yet. To date, there is no vaccine and no specific antiviral medicine to prevent or treat COVID-2019. However, those affected should receive care to relieve symptoms. People with serious illness should be hospitalized. Most patients recover thanks to supportive care. Possible vaccines and some specific drug treatments are under investigation. They are being tested through clinical trials. WHO is coordinating efforts to develop vaccines and medicines to prevent and treat COVID-19.
9
WE THE PEOPLE - MARCH 2020
Are antibiotics effective in preventing or treating the COVID-19? No. Antibiotics do not work against viruses, they only work on bacterial infections. COVID-19 is caused by a virus, so antibiotics do not work. Antibiotics should not be used as a means of prevention or treatment of COVID-19. They should only be used as directed by a physician to treat a bacterial infection.
How is COVID-19 diagnosed? COVID-19 is diagnosed by a laboratory test, polymerase chain reaction (PCR) molecular test, on a respiratory tract sample (e.g. sample from nose, throat or chest).
TIME TO DECLARE FINANCIAL INTERESTS It’s that time of the year again for all Senior Management Service (SMS) and other categories of designated employees to declare their financial interests for the 2019/20 financial year.
e-Disclosure system to disclose their interests as soon as possible after the opening of their window of disclosure and not wait until the last day of the period of disclosure.
In terms of Regulation 18(1) of the Public Service Regulations (PSR), 2016, all SMS members shall, not later than 30 April of each financial year, disclose to the relevant head of department, particulars of all their interests in respect of the period 1 April of the previous year to 31 March of the year in question.
The Ethics Office will be available to provide support and guidance. Additionally the system can be accessed directly from the internet on www.ediclosure.gov.za using any device e.g. cell phone, tablet etc.
Further to this, in terms of Regulation 18(3) of the PSR, any other designated employee shall submit to the relevant head of department particulars of all their interests for the period as may be directed by the Minister of Public Service and Administration. All affected employees are urged to log onto the
For more information or assistance, please contact Ms Boitumelo Motene, Director: Risk Management at BMotene@judiciary.org.za or on 010 493 2629 / 061 540 6509. Alternatively, Ms Maria Maila, Assistant Director: Ethics and Integrity can also be contacted at MMaila@judiciary.org.za or on 010 493 2688 / 073 336 9646.
SMS members and other categories of designated employees who must disclose their financial interests and the prescribed periods to disclose such interests are summarised below: OTHER CATEGORIES OF DESIGNATED EMPLOYEES
PERIOD TO DISCLOSE FINANCIAL INTEREST
All SMS (Senior Management Services) members
01 – 30 April of the year in question.
Employees earning an equivalent of salary level 13 and above through the OSD
01 – 30 June of the year in question.
Employees appointed at salary level 12 including employees earning the equivalent of salary 12 through the OSD
01 – 30 June of the year in question.
Employees who are authorized by the Minister, EA, Head of Department and or Chairperson of the PSC for purpose of record keeping, verification functions of the e-disclosure and the effective implementation of Part 2 of Chapter 2 of the PSR 2016.
01 – 30 June of the year in question.
Employees appointed at salary level 11 including employees earning the equivalent of salary level 11 through the OSD
01 – 31 July of the year in question.
Employees in Supply Chain Management, Assets and Finance irrespective of the salary level
01 – 31 July of the year in question.
New employee appointed in the above categories
Up to 30 days after assumption of duty.
10
WE THE PEOPLE - MARCH 2020
QUICK GUIDE
TO DISCLOSE FINANCIAL INTERESTS ELECTRONICALLY
1 1. STEPS TO FOLLOW WHEN REGISTERING (A) • • •
FOR FIRST TIME REGISTRATION Print the Registration form for newly appointed SMS members and designated employees attached hereto the guide as Annexure A. Complete the Registration form and send it to the following officials: - BMotene@judiciary.org.za - MMaila@judiciary.org.za - JMnqosini@judiciary.org.za Once your registration has been confirmed, you will be able to login and submit the financial disclosure.
(B) • • •
FOR REVOKED/ FORGOTTEN PASSWORDS Print the Password Reset form attached hereto the guide as Annexure B. Complete the Password Reset form and send it to the following officials: - BMotene@judiciary.org.za - MMaila@judiciary.org.za - JMnqosini@judiciary.org.za Once your re-registration has been confirmed, you will be able to login and submit the financial disclosure.
2 2. STEPS TO FOLLOW WHEN CAPTURING YOUR FINANCIAL INTERESTS •
Open the link http://www.dpsa.gov.za/edisclosure.php
•
Orientate yourself by reading the information on the welcome page
•
Select Disclose Now!
•
Click the first category (e.g. Shares and other financial interest. Click new shares and other financial interest, a form will appear on the screen with the relevant year populated: Do not try to change the year
•
Capture your information. If you have nothing to disclose click default values below the disclosure fields
• Save •
Click next disclosure type, follow the same steps as with the first category
• Click next disclosure type until you have disclosed all categories •
You can now disclose
•
Make sure that you have captured and saved your information for all disclosure types.
3. STEPS TO FOLLOW WHEN SUBMITTING YOUR DISCLOSURE FORM • On the left menu below “manage disclosure menu” click submissions
companies until they have a proof that the company was deregistered
• Click “new submission”
• Click Submit
• On the right hand side of the page, select Disclosure period (default one is set)
• A confirmation message will appear
• Click Continue • Your Information will appear on the page (Read Through the Information to ensure that is correct) • You are directed to make a note of assets previously owned at the bottom of the page and disclose dormant 11
WE THE PEOPLE - MARCH 2020
• If you are sure that the information you captured is correct, click the okay button, otherwise click cance l and review to where you want to make corrections. • After this stage , no corrections can be made • An automatically generated message will pop put to confirm your disclosure has been submitted successfully.
3
FLEET MANAGEMENT POLICY In this Issue of We The People we continue with our series of awareness articles on OCJ internal policies. This month we bring you the Fleet Management Policy and tell you how it keeps the OCJ on the move.
FLEET MANAGEMENT FORMS AN INTEGRAL PART OF THE SUPPORT PROVIDED TO THE JUDICIAL SYSTEM Did you know that transport in the department is a tool by which services are delivered? As such, the management of transport resources is instrumental in effective service delivery. In the OCJ, Fleet Management forms an integral part of the support provided to the judicial system to ensure effective and efficient court administration.
12
WE THE PEOPLE - MARCH 2020
Although the fleet management function is centralised, all users of this facility including supervisors and line managers carry some degree of responsibility with regards to fleet management. The OCJ Fleet Management policy provides guidelines to OCJ personnel regarding fleet management and control. In line with section 38(1)(a)(i) of Public Finance Management Act (PFMA) the Accounting Officer (Secretary-General) is responsible for ensuring that the OCJ has and maintains effective, efficient and transparent systems of financial management and internal control over assets. The OCJ Fleet Management policy amongst others, seeks to ensure the effective, efficient and transparent control, utilisation, safeguarding and management of the OCJ vehicles as part of its assets. And to ensure that OCJ employees and the line function are aware of and adhere to their responsibilities with regard to the fleet services under their control etc.
THE OCJ FLEET MANAGEMENT POLICY SEEKS TO ENSURE THE EFFECTIVE, EFFICIENT AND TRANSPARENT CONTROL, UTILISATION, SAFEGUARDING AND MANAGEMENT OF THE OCJ VEHICLES AS PART OF ITS ASSETS VEHICLE ASSIGNMENT AND UTILISATION • Departmental vehicles may only be assigned by designated divisional management to those authorised drivers who qualify to use such vehicles as outlined herein and as detailed in the Fleet Management Standard Operating Procedure (SOP); • Care must be taken at all times to ensure that drivers who are authorised to transport passengers (employees) on long distances have a valid Professional Driving Permit (PrDP) for the purpose and class of vehicle; • Departmental vehicles may be issued only by the appointed Transport Controller at each Service Centre who must exercise strict compliance with the prescripts relating to issuing and retuning of vehicles as outlined in the Fleet Management SOP; • Transport Controller must be suitably licensed and conversant with the relevant OCJ and DoT policies and procedures etc.
FLEET SERVICES PROVIDED TO JUDGES In line with the Judge’s Remuneration and Conditions of Employment Act, Act No. 47 of 2001, section 12 of the Act allows for the provision of a motor vehicle owned by the state and at state cost to be allocated to a permanent judge in active service. • The Judicial Support Unit is responsible for the acquisition and replacement of vehicles allocated on a permanent basis to judges as prescribed in the Judge’s Remunetation and Conditions of Employment Act. • The Fleet Management SOP must provide guidance in line with the applicable Judicial Support Policy to give effect to the Judge’s Remuneration and Conditions of Employment Act; • The departmental Fleet Unit is responsible for the administration of the fleet assets allocated to judges and must maintain up to date records of vehicles in active service; • The department must ensure that employees appointed at court level are acquainted with the Fleet Management Policy and SOP to provide the necessary administrative support to judges; • The department must ensure that a relief vehicle service for judges is accessible and efficient for the periods where such services are warranted and that such services are effectively administered at the most cost effective method available; • The department must ensure that vehicles allocated for use by judges are also effectively managed in so far as routine inspections, maintenance and service to ensure roadworthiness and safety of users.
FOR MORE INFORMATION Please view the OCJ Fleet Management Policy by following this link: http://ocj000-intranet/ docs/Policies/Facilities/Fleet-Management-2.pdf
13
WE THE PEOPLE - MARCH 2020
SPEAKING OUT ON HUMAN RIGHTS
With March being Human Rights month, we asked some of our colleagues to share their thoughts on related matters, including human dignity, freedom of expression, equality, and privacy. Here’s what they had to say.
PRIVACY In general, the right to privacy means the right to do what you want without being worried about the privacy of your being or property compromised. However in the technical era that we live in this right has been broadened. Interception of our communications has become much more technologically advanced thus making our right to privacy more vulnerable beyond the mere fact of being searched without consent and/ or without authorisation. Therefore, to me the right to privacy means giving citizens the freedom to search, enquire, move and express themselves without fear of being “watched” by a third party. It also means being responsible enough to not abuse this power by doing things that are illegal and compromise oneself and others. It means being able to relinquish this right when one’s actions are questioned by authority with just cause and within the acceptable perimeters of the law. Lastly, it means that people, organisations and government institutions should observe and protect this right. Consequently, if they are found to be of in violating of this right, they should be brought to book in accordance with the relevant laws and regulations put in place. VANESSA SHINGANGE Law Researcher: Free State High Court
14
WE THE PEOPLE - MARCH 2020
EQUALITY According to Chapter 2 of the Constitution, the Bill of Rights, equality means that everyone is equal before the law. To me, this means that equality is open to being regarded as important only to the extent to which people respect the law. But thank God, no one is above the law. As I respect the law, this means to be equal is to see everyone through the eyes of the law. I don’t personally have to feel equal to someone, to be regard as equal. For that, equality means a lot to me. Some might say that I have to look at the reality of most people living in our country to be better able to understand equality, but not all of us have the same reality. I can only give meaning to equality as defined by my reality. I feel as though, where most people have had to fight for equality, I haven’t had to do so. As a result of experiencing equality, I feel worthy as a person. I do not feel that my dignity has not been respected or protected. I have been privileged to be valued for my own sake. ‘I am a Christian’, and that is what freedom of religion and belief means to me. It means sharing my religious identity without fear of consequences, because I know I live in a country where I have a right to do so. Everything else that I have shared has been through my freedom of opinion. KGOSI MAKHETHA Administration Clerk: Supreme Court of Appeal
VOX POPS | HUMAN RIGHTS
HUMAN DIGNITY Human dignity for me embodies the moral belief that every citizen of the republic enjoys the right to have his or her dignity respected and protected as envisaged by the Constitution. The worth of human beings is an important pillar for self-recognition and should be recognised as a sense of pride in oneself. Human dignity represents the value of humans possessing self-respect and self-worth, having integrity and self-awareness to conduct themselves in a dignified manner. Having the quality of humility requires people to be noble and treat others as they would like to be treated themselves. Human dignity for me is synonymous with Ubuntu and requires people to be tolerant and respectful towards each other. It is an ideal that every individual must realize in everyday life and strive to achieve to the best of their abilities. Human beings should take pride in themselves and be honourable as invaluable members of society. Human dignity has a symbolic connotation associated with happiness and self-fulfilment. Its principles are founded along religious and ethical lines which require people to be humble. Furthermore, human dignity interrelates with equality whereby everyone is equal before the law and has an equal amount of protection and benefit of the law. People must be treated with respect and dignity and should not be discriminated against or disrespected. There are no boundaries of age, sex, colour to human dignity and it should be practised on a daily basis as a way of life. The most important aspect for me about this right is that it allows for unique qualities of people to be treated with the same amount of compassion and dignity. TSHIRELECO MABUNDA Librarian: Supreme Court of Appeal
15
WE THE PEOPLE - MARCH 2020
HUMAN DIGNITY Human dignity is when we acknowledge every person as human and worthy of love and respect. It’s when we can get past tribalism and unite as a human race. It’s when if there is a movie, characters aren’t defined by their gender, sexuality or race. It’s when we can accept people for the internal instead of discriminating for the unchangeable external. We have made huge progress towards a more equal society. Today the vast majority of us are studying, working or making friends with people from other ethnic backgrounds. However we still have a long way when we define the true meaning of equality BONGIWE MHLONGO Supreme Court of Appeal
VOX POPS | HUMAN RIGHTS
FREEDOM OF TRADE As a woman in South Africa, I have to look back and commemorate the South African women that have gone before me in the fight for the fundamental human rights that the South African women of today enjoy and may take for granted. Women in South Africa played a prominent role in the struggle for equal rights long before any formal women’s organizations came into being. As early as 1912, in what was probably the first mass passive resistance campaign in our country, Indian women encouraged Black and Indian miners in Newcastle to strike against starvation wages, and in 1913, Black and Coloured women in the Free State protested against having to carry identity passes. ‘Wathint’ Abafazi, Wathint’ Imbokodo’ (you strike the women, you strike the rock). Here, I echo the words of the famous resistance song which symbolized the courage and strength expressed at the Women’s March of 1956 as South African women refused to give into increasing oppression without some form of protest.
EXPRESSION First of all, we as society need to define what freedom is. Freedom means to be able to live freely in absence of any obstacles. This will help us as society, young and old, to realise our desires. Desires such as being free from all types of abuse; free from oppression of any kind; free to tell our stories the best way we know how; and free to live in peace and harmony.
The sacrifices of the women in South African ensured that today I have the equal right to freedom of trade, occupation and profession. I was able to freely choose law as a career which has brought me to the current position as a Legal Researcher as well as an admitted attorney of the Republic of South Africa with a master’s degree in criminal law. As a Legal Researcher, my duties play a pivotal and vital role in ensuring that I bring to the attention of the Judges’ of the Pretoria Division of the High Court accurate and relevant information in the form of legal opinions, proof reading of judgments as well as recent legal developments and ensuring that ordinary men and women’s rights are protected, which in turn fosters a culture of transparency, accountability and the notion of access to justice.
The list is endless. These desires will assist us on how to express ourselves on all platforms. The same desires and principles of freedom of expression should be instilled in our youth (who we regard as our future leaders) so that they are better equipped to take well informed decisions in life.
The right to freedom of trade, occupation and profession has allowed me to be the independent and strong woman that I am today and to be the “rock” in upholding fundamental human rights for other men and women should the need arise.
OSHENIA MOROBANE Registrar: Free State High Court
STEPHANE NAIDOO Law Researcher: Pretoria High Court
16
WE THE PEOPLE - MARCH 2020
In conclusion, it should be borne in mind that freedom of expression is not an absolute right. There are certain limitations and restrictions – even exclusions – which we should adhere to. However, exercising any right comes with either limitations, restrictions or even exclusions attached to it and society at large need to respect that at all times.
HUMAN
RIGHTS MONTH
Since the dawn of democracy in 1994, Human Rights Day has been celebrated on 21 March, each year. On this day, South Africans are reminded of the struggle for the attainment of democracy in South Africa. This year we commemorate Human Rights Month under the theme: “The year of unity, socio-economic renewal and nation-building.” The 1960s were characterised by systematic defiance and protest against apartheid and racism across the country. On 21 March 1960, the community of Sharpeville and Langa townships, like their fellow compatriots across the country, embarked on a protest march to protest against pass laws. The apartheid police shot and killed 69 of the protesters at Sharpeville, many of them shot while fleeing. Many other people were killed in other parts of the country. The tragedy came to be known as the Sharpeville Massacre and it exposed the apartheid government’s deliberate violation of human rights to the world. The democratic government declared 21 March Human Rights Day to commemorate and honour those who fought for our liberation and the rights we enjoy today. Our Constitution is hailed as one of
17
WE THE PEOPLE - MARCH 2020
the most progressive in the world. The Constitution is the ultimate protector of our Human Rights, which were previously denied to the majority of our people under Apartheid. We commemorate Human Rights Day to reinforce our commitment to the Bill of Rights as enshrined in our Constitution.
SOUTH AFRICANS SHOULD USE HUMAN RIGHTS MONTH TO FOSTER GREATER SOCIAL COHESION, NATIONBUILDING AND A SHARED NATIONAL IDENTITY South Africans should use Human Rights Month to foster greater social cohesion, nation-building and a shared national identity. It is our duty as a nation to strive for inclusive socio-economic development while ensuring that we combat scourges such as racism, racial discrimination, xenophobia and all related intolerances as well as gender-based violence and femicide, which are undermining our human rights culture.
4Source: SA Gov
GENDER-BASED VIOLENCE
SHOULD NOT EXACERBATE ANTAGONISM AMONGST US, THE PEOPLE The writing of Mao on “The correct handling of contradictions among the people” remains relevant to this day, as we continue to face fundamental contradictions on various matters of interests within our society. Societal changes continue to affect these contradictions in various forms, ranging from mere to fundamental, for example, between races - black and white, poor and rich - the co-existence of man and woman etc. In this regard, matters affecting gender relations without exception, trigger the continuing contradictions amongst people. Depending on your position, emerging from this is the consolidation of “womanpower” by the feminists’ ideology - a female hegemonic revolution versus that of the “progressive” muscularity, the male hegemony which effectively views the emergence of female hegemony as a form of male neutralization. I am not going to discuss those contradictions that currently exist within each of the two hegemonies, as they are non-antagonistic but rather between the groups, as they are both non-antagonistic and antagonistic in nature. It is prevalent that issues surrounding gender and gender-based violence 18
WE THE PEOPLE - MARCH 2020
(GBV) debates divide communities across the sectors of our society. Arising from these debates is the recognition of the “woman voice” (which at times, appears more arrogant than firm or constructive). As we continue with these engagements in trying to find ways to deal with issues of GBV crimes, as a society, we must be able to engage in a balanced debate and not to exacerbate matters into a relationship of enemies. Societies such as ours are not stagnant but are transformed through complementary changes emerging from schools of thought and variations of revolutions. Likewise, female hegemonic revolution must be appreciated as a natural cause of societal change. What we also need to be cognizant of is that revolutions by forms are antagonistic in nature- as they are progressive from one sector of society and regressive or oppressive on the other. This calls for the society to be vigilant and efficiently manage the emergence of its contradictions on matters such as that of GBV. There are two reasons why these contradictions must be dealt with. Firstly; to prevent total national disunity amongst the people, by ensuring the co-existence of
the opposites. This is important to ensure that we do not see another form of domination of one species by another, but we are able to identify and isolate the enemy within. Secondly; to ensure that society is not stagnant, but change is continuously infused in a more constructive manner of debate, criticism and unity of purpose which is in line with our national social cohesion strategy. This is our national goal - for a united, non-sexist and prosperous society.
A DIVIDED SOCIETY IS VULNERABLE AND A THREAT TO ITSELF In dealing with national disunity, we as members of our society are obliged to choose that which is in the best interest of our society - that which unites us more than that which divides us. Marxist philosophy teaches us that the law of the unity of opposites is the fundamental law of the universe applicable to human societies as a way to manage elements of non-co-existence among the people. Through these laws, society can overcome and consolidate societal hegemony more than that of individuals. Our approach in handling matters of gender and GBV should be that of “Unity of Purpose” in what Mao refers to as the “Unity Criticism - Unity” approach, to prevent irreconcilable harm and disunity. Why must we consolidate societal hegemony? A divided society is vulnerable and a
threat to itself. As Mao pointed out; “For, without the desire for unity, the struggle once begun, is certain to throw things to confusion and get out of hand.” The enemy will rejoice at our expense, the perpetrators will continue to commit crimes, the vulnerable will remain the targets, and the offenders will roam our streets to our dismay. This is a period where people second guess care and, by and large, law and order. Resulting from this is chaos. The results are dire and undesirable. To this end, we must be able to identify elements of commonality when fundamental contradictions arise amongst us. This can be done through discussion, constructive criticism, persuasion, and educating one another, without clouding these matters with preconceived judgements and emotions. What must compel us as a people is the unity of our society by all means and all cost. Whether it be of ideology or sentimental topics such as that of GBV to prevent irreconcilable harm and national disunity amongst us. By this, we must, at all times, engage with one another in distinguishing what is right and wrong in matters of concern within the society. This is not going to be easy. But it must be done to effectively achieve a non-sexist, nonracial, democratic, united and prosperous society as envisioned in the Freedom Charter.
4By Mr Ayanda Mdletshe
MR AYANDA MDLETSHE
Member: Legal Deposit Committee Ayanda Mdletshe, our trailblazing Librarian at the SCA, has been appointed as member of the legal deposit committee by Minister of Arts and Culture, Mr Nathi Mthethwa. The idea of the Legal Deposit dates back more than 100 years and is aimed at preserving the national culture and intellectual heritage of the nation, and the National Deposit Committee is established for this task. The Committee through the Legal Deposit Act, No. 54 of 1997 is responsible for the preservation of the nation’s published documents as comprehensively and systematically as possible so that the information published will be available to current and future generations through centres called Official Publications Depositories (OPDs).
19
WE THE PEOPLE - MARCH 2020
We congratulate Ayanda on this appointment and wish him well in this new endeavour. We salute you, Ayanda, for flying the OCJ flag high!
AWA RENESS
TB AWARE OR NOT TB AWARE?
The 24th of March is World TB Awareness Day. Are you aware of who is at risk of this disease? Anyone can get tuberculosis (TB) at any age. However, some groups of people are at higher risk of getting active TB disease. The groups that are at high risk include: •
People who have not been immunised or vaccinated (vaccination against TB is routinely included in child immunisation schedules).
•
People with HIV infection.
•
People in close contact with those known to be infectious with TB (particularly if those with TB do not take their medication as prescribed).
•
•
•
•
People from countries with high TB rates (particularly if those countries are experiencing high rates or drug-resistant TB). People who work in or are residents of long-term care facilities serving patients with or at risk for TB (nursing homes, prisons, some hospitals). Health care workers and others working in nursing homes, prisons, some hospitals.
WE THE PEOPLE - MARCH 2020
People who are malnourished (get inadequate nutrients from their diet).
•
Alcoholics who may be run down and living in environments that involve close contact with infected persons.
How do I know if I have it? A person with TB infection may have no symptoms. A person with TB disease may have any, all or none of the following symptoms: -A cough that will not go away.
People with medical conditions that make the body less able to protect itself from disease (for example: diabetes, the dust disease silicosis, or people undergoing treatment with drugs that can suppress the immune system, such as longterm use of Cortisone and related medicines).
20
•
-Feeling tired all the time. -Weight loss. -Loss of appetite. -Fever. -Coughing up blood. -Night sweats. These symptoms can also happen with other types of lung disease, so it is important to see a doctor and to let the doctor determine if you have TB. It is also important to remember that a person with TB disease may feel perfectly healthy or may only have a cough from time to time. If you think you have been exposed to TB, you’d be best advised to get a TB skin test and/or an x-ray of your chest.
Copyright HealthInsite - www.healthinsite.net
H E ALT HY LIFEST Y LE
KEEPING THE BRAIN IN BALANCE The brain is the organ most associated with intelligence and common sense. So, it stands to reason that taking good care of it should be a high priority. March hosts international Brain Awareness Week, which is designed to foster enthusiasm for the support of brain science and understanding how it works. Why brain health is important “Many people don’t start thinking about their brain health until they notice some cognitive changes and memory loss in their 60s or 70s,” warns associate professor of neuropsychology at Columbia University, Elise Caccappolo. “But there are many things you can do, starting as young as childhood, to keep your brain as healthy as possible throughout your lifetime.” Switch it off for better results WebMD suggests that for the brain to function optimally, it needs to be switched off daily for seven to nine hours at a time (when you sleep). “New research shows that during sleep, the brain clears out toxins called beta-amyloids that can lead to Alzheimer’s and other forms of dementia.”
Buy brain food Medical News Today explains that the brain is an “energy-intensive organ” because it uses up around 20 per cent of the body’s kilojoules. This means whatever the quality of the fuel you take in can have a direct impact on your brain. So, you should avoid sugary, fried and processed food and rather opt for the following options as suggested by Medical News Today: Oily fish – It’s a fantastic source of omega 3 fatty acids, which help improve the structure of the brain’s cells. Dark chocolate – It contains antioxidants called flavonoids, which seems to be good for neuron and blood vessel growth. Berries – Also packed with brain-loving antioxidants. Improves circulation, reduces inflammation and may even delay age-related neurodegenerative conditions. Nuts and seeds – Antioxidants, vitamin E and omega 3 fatty acid make these foods particularly good for a brain boosting snack.
Give your brain a workout Exercise sends fresh oxygen to the brain and “spurs the development of new nerve cells and increases the connections between brain cells (synapses)”, according to Harvard Health. It also lowers cholesterol and blood pressure, which will probably also benefit your brain somewhere along the line.
21
WE THE PEOPLE - MARCH 2020
Copyright HealthInsite - www.healthinsite.net
NATIONAL OFFICE CONTACTS
NATIONAL OFFICE ADDRESS: 188 14th ROAD NOORDWYK MIDRAND 1685 SWITCHBOARD NUMBER 010 493 2500
22
WE THE PEOPLE - MARCH 2020