National Assembly Cape Town: 20 November 2007  

The question I wish to address, is whether retired judges get a pension on retirement, or continued salaries.  

There can be no doubt that whatever law we try to make, or whatever law may be in place, people who retire get pensions, and are free to continue to work, as hundreds of thousands of civil servants do. 

So, why are judges to be an exception? 

The real truth is because litigation is being taken away from the High Courts at an alarming rate to be done outside of the Courts by way of Arbitration.  

Madame Speaker,  

Lawyers and judges tell me- 

That litigants are losing confidence in the capacity of the High Court to effectively do civil work.  

They say civil cases in Pretoria, for instance, can only be heard after around TWO YEARS, because of the congestion of the Court rolls. 

They also say litigants have to wait for months at end to get the High Court judgements. There are numerous examples of undelivered judgements for up to FOUR YEARS. 

Madame Speaker, 

The problem lies in the judicial system itself. Trying to prohibit judges from doing arbitration work, won't allow the problem to go away, because there are dozens of Advocates and Attorneys who are getting progressively involved in arbitration.  

The solution to protect the High Court lies in the hands of the Minister and the Judiciary. 

They must get their house in order, because the problem won't go away by bullying retired judges.

. Judgements must be delivered in good time - that is within one month.  

. Trials should be heard within good time - that is not more than six months waiting.  

Retired judges are unfairly targeted. They should enjoy the same rights as hundreds of thousands of other retired people. 

The IFP will therefore object to the Bill, because of this provision, though we support most of the other provisions. 

I thank you.