Freedom Under Law concerned by reported shortcomings in Constitutional Court record-keeping

The Constitutional Court. Picture: Antoine de Ras

The Constitutional Court. Picture: Antoine de Ras

Published Feb 6, 2023

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Johannesburg - According to Freedom Under Law’s executive officer, Judith February, they are concerned by reported shortcomings in Constitutional Court record-keeping.

February said that the Concourt’s electronic case management and filing systems were vital to its functioning.

Her concern comes after media reports claimed that Concourt records were not being properly maintained online, that court documents went missing, and that they were often unavailable online ahead of hearings.

“The justices and their staff are entitled to the best available technical aids, while the public is entitled to ready and accurate information about the work of the court.

“With online technology playing an increasing role in how courts function, these reported problems with the Constitutional Court’s online record-keeping are therefore of particular concern,” said February.

She stated that information was the lifeblood of democracy and that “the right to open justice must include the right to have access to papers and written arguments, which are an integral part of court proceedings,” as stated by the Supreme Court of Appeal.

“Regrettably, it seems that the situation described at the Constitutional Court falls short of this standard.

“Freedom Under Law trusts that with the fresh leadership of Justices Zondo and Maya, these shortcomings will be addressed with due urgency,” said February.

The Star