Determining perceptions regarding the functioning of equality courts : the case of court clerks in the Gauteng region

Abstract

This study is located within the discipline of Public Administration, within the context of the South African Public Service, and focuses on the Department of Justice and Constitutional Development as the national government department mandated with the responsibility for the administration of justice and the promotion of constitutional development. Given South Africa's history of colonialism, apartheid and patriarchy, the establishment of the specialised equality courts seeks to facilitate the transition to a democratic society by, amongst others, ensuring access to justice and eradicating social and economic inequalities, particularly those that are systemic in nature. The study involves a determination of the perceptions of the equality court clerks regarding the functioning of the equality courts, focusing on the case of court clerks in the Gauteng region. The rationale for the research is the apparent under-utilisation and ineffectiveness of the equality courts, which may be attributable to various factors such as: a lack of public awareness of the purpose, role and location of equality courts; a lack of information and awareness amongst the equality court staff regarding the purpose, role and functions of the equality courts; a lack of specialised expertise amongst equality court clerks linked to a lack of adequate and continuous training; and, the perceptions of the equality court clerks relating to the status, usage, accessibility, role and functioning of the equality courts. The study involves benchmarking against international best practice of equality courts (or similar tribunals or fora) and furthermore adopts a mixed-method research approach. The research design of the study takes a phenomenological approach. The study uses semistructured self-completion questionnaires and attitude scales, which integrate a combination of quantitative and qualitative aspects as primary data sources, in order to collect information with regard to the perceptions of equality court clerks of the role, function, usage and status of the equality courts. A thematic analysis is then undertaken in order to analyse the results so as to gain a comprehensive insight into the perceptions of the equality court clerks. The findings indicate a low level of awareness of the legislative and regulatory framework governing the equality courts on the part of the equality court clerks. The responses furthermore indicate an inadequate and inconsistent understanding of their own role and functioning as equality court clerks, as well as of the regulatory environment which enables their functioning. The study also finds that the training of equality court clerks remains one of the key challenges hampering their effective functioning as equality court clerks, and that the lack of awareness of the equality courts on the part of the public is another major challenge hindering the usage and effectiveness of the equality courts. The study proposes several practical recommendations which address the barriers and positively influence the perceptions of the equality clerks in promoting the status, usage, accessibility, role and functioning of equality courts, thus ensuring the improved delivery of justice services to the public and all users of the equality courts in South Africa. The research is significant as it augments the body of Public Administration knowledge and enhances current understanding regarding the perceptions of equality court clerks of the role, function, usage and status of equality courts and how these perceptions impede or strengthen the effective functioning of the equality courts. The significance of the research thus lies in its contribution to gaining a better perspective of the barriers to the effective functioning of the equality courts as envisaged by their founding legislation, as well as in benchmarking against international best practice of equality courts (or similar tribunals or fora), in order to improve the functioning of the equality courts.