TRC Final Report

Volume 5

Chapter 8

Subsection 14

Training and education

53 The effective administration of justice demands training, not only to facilitate the efficiency of prosecutorial and other duties, but also of a more general nature, to ensure that judicial officers understand and uphold the values and principles contained in the Constitution. The Commission thus recommends that:

ALL PERSONNEL WITHIN THE JUSTICE SYSTEM (FROM CLERKS TO JUDGES) UNDERGO INTENSIVE TRAINING IN THE VALUES OF THE NEW SOUTH AFRICAN CONSTITUTION AND IN THE REQUIREMENTS OF INTERNATIONAL LAW AND STANDARDS, INCLUDING THE UNITED NATIONS BASIC PRINCIPLES ON THE INDEPENDENCE OF THE JUDICIARY. ONGOING TRAINING SHOULD INCLUDE SENSITISATION TO HUMAN RIGHTS PRINCIPLES, INCLUDING GENDER-SPECIFIC ABUSE AND APPROPRIATE RESPONSES. CARE MUST BE TAKEN THAT THE INDEPENDENCE OF JUDGES IS NOT COMPROMISED BY ANY TRAINING PROCESS.

TRAINING OF PROSECUTORS AND MAGISTRATES BE UNDERTAKEN BY BOTH THE JUSTICE COLLEGE AND LOCAL UNIVERSITIES.

TRAINING OF MAGISTRATES BE UNDERTAKEN SEPARATELY FROM THAT OF JUDGES.

TRAINING OF JUDGES BE CONDUCTED BY JUDGES TOGETHER WITH ACADEMIC INSTITUTIONS, RATHER THAN BY THE JUSTICE COLLEGE. JUDGES ALREADY TRAINED IN CONSTITUTIONAL AND HUMAN RIGHTS ISSUES SHOULD ASSIST WITH THE TRAINING.

MAGISTRATES BE PROPERLY TRAINED TO APPLY THE NEW BAIL PROCEDURES IN THE CONTEXT OF THE CONSTITUTION, TO ENSURE THAT THE INTERESTS OF THE PUBLIC ARE BALANCED AGAINST THOSE OF THE ACCUSED.

54 The manner in which the legal profession develops in South Africa is to some extent determined by how those at its entry point are introduced to the system. Creative use of senior law students, e.g. as public defenders for unrepresented accused, could ensure that students graduate with appropriate practical experience. The Commission thus recommends that:

LAW SCHOOLS REVIEW THEIR COURSES TO ENSURE THAT THE INTERESTS OF ALL SOUTH AFRICANS ARE SERVED. CONSIDERATION MUST BE GIVEN TO INCREASING PRACTICAL TRAINING AND/OR THE INTRODUCTION OF COMPULSORY COMMUNITY SERVICE AS REQUIREMENTS FOR GRADUATION.

LAW STUDENTS BE GIVEN A GREATER UNDERSTANDING OF HUMAN RIGHTS LAW AND MORE INTENSIVE TRAINING IN LEGAL ETHICS.

THE MAGISTRATES’ COMMISSION ATTEMPT TO ATTRACT PRIVATE PRACTITIONERS TO THE BENCH, SO THAT IT IS NO LONGER DOMINATED BY MAGISTRATES WHOSE TRAINING IS MAINLY IN THE AREA OF PROSECUTIONS.

ALL POLICE OFFICERS BE IMBUED, THROUGH TRAINING AND THE INTRODUCTION OF A CODE OF ETHICAL PRACTICE, WITH AN ETHOS OF SERVICE IN A DEMOCRATIC STATE AND UNDER A CULTURE OF HUMAN RIGHTS.

INVESTIGATING OFFICERS BE TRAINED IN PROPER FORENSIC INVESTIGATION TECHNIQUES, TO REPLACE THE CURRENT PRACTICE OF EXTRACTING CONFESSIONS UNDER DURESS, THROUGH VIOLENCE AND BY OTHER IRREGULAR AND UNORTHODOX METHODS.

THE WORK OF THE DETECTIVE ACADEMY BE EXPANDED AS RAPIDLY AS POSSIBLE.

THE STANDARD OF TRAINING OF COURT INTERPRETERS BE IMPROVED. TERTIARY ACADEMIC INSTITUTIONS SHOULD DEVELOP MULTI-DISCIPLINARY UNDERGRADUATE TRAINING COURSES (INVOLVING, AMONGST OTHERS, APPLIED LINGUISTICS DEPARTMENTS AND LAW FACULTIES), TO ENSURE THAT MORE HIGHLY SKILLED COURT INTERPRETERS ARE TRAINED. SALARIES MUST BE COMMENSURATE WITH SKILLS AND RESPONSIBILITIES.

PEOPLE WHO HAVE PARALEGAL DIPLOMAS BE CERTIFIED BY A PARALEGAL INSTITUTE. ONCE CERTIFIED, THEY SHOULD BE ABLE TO APPEAR IN THE LOWER COURTS ON BASIC MATTERS SUCH AS BAIL APPLICATIONS AND REMANDS, AND SHOULD ALSO HAVE PRISON VISITING RIGHTS. PARALEGALS SHOULD BE INTEGRATED INTO THE PROPOSED LEGAL AID BOARD SCHEME.

SPECIALIST PROSECUTORIAL TASK TEAMS BE ESTABLISHED TO ADDRESS SERIOUS ENDEMIC CRIME, SUCH AS TAXI VIOLENCE, DRUG TRAFFICKING, CAR THEFT AND LICENSING SYNDICATES AND POLITICAL VIOLENCE. SUCH UNITS SHOULD HAVE SIMILAR POWERS AND INDEPENDENCE TO THOSE OF THE INDEPENDENT COMPLAINTS DIRECTORATE. THE WORK OF SPECIAL INVESTIGATIVE TEAMS, E.G. THE INVESTIGATIVE TASK UNIT IN KWAZULU-NATAL, IS NULLIFIED IF THE RESULTS OF INVESTIGATIONS ARE NOT APPROPRIATELY PURSUED IN THE PROSECUTORIAL PHASE.