The Justice Today Newsletter

Articles

SAC-IAWJ successfully hosts its 17th Conference and AGM
Advocate Mathibe a woman of Virtue
Adv Thokoane to improve access to Family Advocate services
Commitment and diligence leads to a clean audit
Leading the Human Rights and Constitutional Institutions support in DoJ&CD
Ntombizodwa Matjila is the Registrar of the National Register for Sex Offenders

SAC-IAWJ successfully hosts its 17th Conference and AGM

The South African Chapter of the International Association of Women Judges (SAC-IAW), in partnership with Department of Justice and Constitutional Development (DOJ & CD) and the Department of Women, Youth and Persons with Disabilities (DWYPD), hosted its 17th Conference and Annual General Meeting (AGM) in Cape Town recently.

The Conference was held under the theme Resilience and Innovation# End Gender Based Violence & Femicide”and was attended by Jurists, academics as well as government leaders.

Judge Navanethem (Navi) Pillay who served as the United Nations High Commissioner for Human Rights from 2008 to 2014 delivered a keynote address during the conference. “I am ready to share new ideas with SAC-IAWJ because this is a perfect platform to address issues affecting women,” she said.

Members of SAC-IAWJ also had an opportunity to elect their new National Executive Committee. Judge President of KwaZulu-Natal Division of the High Court, Justice Thoba Poyo-Dlwati was elected as the new SAC-IAWJ President taking the reins from Deputy Chief Justice of the Republic of South Africa, Justice Mandisa Maya. In her acceptance speech, Judge Poyo-Dlwati said, “I hope that we will take this Association to another level as we continue to work together.”

Government Ministers and leaders attending the conference included Minister of Higher Education and Training, Dr. Bonginkosi “Blade” Nzimande, Deputy Minister of DOJ&CD Mr. John Jeffery, National Director of Prosecutions, Advocate Shamila Batohi, Director General of DOJ&CD Advocate Doc Mashabane and others.

A lot of time at the conference was devoted to extensive discussions by Jurists and Academics in attendance on variety of crucial topics aligned to the main theme.

The National Director of Public Prosecutions, Advocate Shamila Batohi, said it was a positive development that more women are joining the legal profession. “This conference also serves as a reflection on the progress made and work that needs to be done to ensure that women play a significant role in the South African Legal system,” she explained.

Deputy Chief Justice of the Republic of South Africa, Justice Mandisa emphasized that more work is needed to protect the rights of women in the country.

DOJ&CD Deputy Minister John Jeffery highlighted that the Department continues to work earnestly to protect and promote the rights of women. “When we empower women we empower the nation” said Deputy Minister Jeffery.

The South African Chapter of the International Association of Women Judges (SAC-IAWJ), in partnership with Department of Justice and Constitutional Development (DOJ & CD) and the Department of Women, Youth and Persons with Disabilities (DWYPD), hosted its 17th Conference and Annual General Meeting (AGM) in Cape Town recently.

The Conference was held under the theme Resilience and Innovation# End Gender Based Violence & Femicide”and was attended by Jurists, academics as well as government leaders.

A lot of time at the conference was devoted to extensive discussions by Jurists and Academics in attendance on variety of crucial topics aligned to the main theme.

Deputy Chief Justice of the Republic of South Africa, Justice Mandisa emphasized that more work is needed to protect the rights of women in the country.

SACIAWJ

By Fhulufhelo Nembudani

Advocate Mathibe a woman of Virtue

Transformation of the Office of the Master of the High Court continues to be a priority for the Department of Justice and Constitutional Development (DOJ&CD). Leading the Strategy and Policy at the Office of the Chief Master is Advocate Kanyane Mathibe. The Master of the High Court is responsible for the administration of Deceased Estates, Liquidations, Registration of Trusts, and Curators, as well as Administration of the Guardian's Fund.

Adv. Kanyane Mathibe born and bred in Sekhukhune, Limpopo holds an LLB (cum Laude) from the University of South Africa (UNISA). She joined DOJ&CD in December 2022 to lead the Strategy and Policy Unit in the Master of the High Court.

Her day-to-day responsibilities include drafting concept documents on the Masters’ strategic interventions, conceptualising on innovative ways to transform Masters’ processes and system, managing stakeholder relations and dealing with escalated queries and complaints from members of the public regarding the Office of the Master of the High Court.

Talking about key programmes that the office is currently busy with, Advocate Mathibe explained that they are working hard on Masters’ modernisation projects to ensure speedy access to justice for all. She further highlighted that one of the major challenges in her line of work is the issue of capacity in the unit. “This impacts negatively on the pace at which we can transform and modernise the Masters’ services,” she explains.

She remains committed to ensuring that justice is accessible to all. One of the highlights in her current role is the Deceased Estates Online Registration project that will for the first-time permit members of the public and the fiduciary industry to report estates to the Masters in the comfort of their homes, offices and virtually from anywhere in the world. “The new system promises not only to bring services more efficiently to South Africans but will also reduce service delivery turnaround times,” she explains.

Reflecting on the commemoration of Women Month Adv. Mathibe encouraged women to celebrate who they are, “As women, we are faced with many challenges in both our personal and workspaces most notably, stereotypical labelling of who we are and what we should focus on. I would like to reiterate the message to all women that it is up to each one of us to define for ourselves who we are and who we want to be”.

By Fhulufhelo Nembudani

Adv Thokoane to improve access to Family Advocate services

The newly appointed Chief Family Advocate Nthabiseng Thokoane has set her sights on improving accessibility of the Family Advocate services. In the recently approved structure, there are plans to establish the Office in the rural areas. This is expected to significantly enhance access to the services in addition to the current mobile services that serve families that are not able to reach the Family Advocate Office.

Born in Phiri, Soweto, Adv. Thokoane comes with a wealth of experience as an admitted Advocate for over 23 years. She cut her teeth as a Candidate Attorney at Nomali Tshabalala Attorneys in 2000 and later joined the Department of Justice and Constitutional Development (DOJ&CD) as a Family Advocate the same year. In 2006 she was appointed the Principal Family Advocate at the Department and joined the Johannesburg Society of Advocates spearheading her own practice in 2016. In February 2023, Adv Thokoane had an opportunity to act as a Judge in the Family Court Division of the High Court, South Gauteng. Between 2021 and 2023 she was a part time Commissioner at the CCMA. On 1 March 2023 she returned to the Department as the Chief Family Advocate and Central Authority in terms of the Hague Convention on Civil aspects of International Child Abduction.

Adv Thokoane is passionate about modernizing the systems of the Family Advocate Office. “We are currently working on the procurement of audio/visual equipments for all the Family Advocate offices to facilitate easy communication between the parties. We expect this to be a game-changer in improving the turnaround time in concluding reports on matters. Particularly in instances where the parties do not reside in the same province or within close proximity,” said Adv. Thokoane.

She further highlights the urgent need for her office to fill the critical vacancies to help reduce the growing backlog of cases. Amongst the things that keep her awake at night as a Chief Family Advocate, she says “sometimes it’s difficult to trace children that have been wrongfully brought to South Africa in contravention of the Hague Convention in international child abduction cases. This affects South Africa’s obligation to discharge its international obligation of the swift return of children wrongfully removed to or relocated from South Africa by one parent without the consent of the other”.

Adv Thokoane graduated in BJuris from Vista University Soweto Campus in 1997, LLB from Vista University Soweto in 1999, Masters in Child Law University of Pretoria in 2003, Post Graduate Diploma in Public Management from Regenesys Business School in 2010, Certificate in Labour Dispute Resolution from Stellenbosch University in 2018 and Certificate in Labour Law from University of Pretoria 2019.

She says women can develop themselves into great leaders only if they believe more in their abilities especially their nurturing instinct that enables them to unleash the potential in others.

Adv Thokoane is a mother of two boys. In her private space she enjoys meditation, soaking on Soul music and walking through a fresh breeze of the natural landscapes.

Quick Facts about the Office of the Family Advocate

The Family Advocate assists the parties to reach an agreement on disputed issues, namely custody, access, and guardianship. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties’ circumstances considering the best interests of the child and makes a recommendation to the Court regarding custody, access or guardianship.
The Family Advocate cannot become involved in any matter that has already been finalised by the Court.
The Family Advocate cannot be subpoenaed to Court as a witness to give evidence on behalf of any party even if his/ her recommendation is in favour of that party.
The recommendation of the Family Advocate is intended to assist the Court in adjudicating a matter and arriving at a particular order. The recommendation itself is not enforceable unless incorporated in a Court Order.
The Family Advocate is a neutral institution and cannot act as the legal representative for either litigant, in a matter.
Mediated cases does not proceed to trial, thus saving parties costs, time and emotional challenges associated with litigation.

By Solly Kganyago

Commitment and diligence leads to a clean audit

Healthy, well-managed finances are the backbone to the efficient running of any organisation. Since her appointment as the Chief Financial Officer of the Department of Justice and Constitutional Development in 2022, Irene Tshifhiwa Singo has steered the Department’s finances in the right direction through overseeing four chief directorates (Management Accounting, Financial Reporting, Third Party Funds and SCM) as well as providing strategic support to the accounting systems regarding the implementation of the Public Finances Management Act (PFMA).

Her work has resulted in the Department obtaining a clean financial audit for the 2022/2023 financial year. Singo credits her achievement to a well-structured workday that starts off with morning physical exercises before heading to the office. “I use the morning for my focus time to identify risks and strategies to mitigate them. After a cup of coffee, I usually start my day with catch up meetings with staff, internal and external stakeholders and sometimes working on reporting documentation. I sign all submissions and clear my e-mails after hours when it is quieter in the office,” she said.

Singo grew up in Tshandama Village at Vhembe District in Limpopo where she was raised by her mother who was a teacher by profession. Her mother’s love for education filtered through to Irene and her four siblings who all went on to obtain post matric qualifications.

After matriculating in 1990, she did an Institute of Accounting & Commerce (IAC) Diploma in Accounting at the then Technikon Northern Transvaal (TNT). In between raising three kids, she continued to study part time and attained a B.Compt Hons Certificate in the Theory of Accounting (CTA) and Chartered Institute of Management Accountants (CIMA) professional exams Chartered Global Management Accountant (CGMA). She did her articles at Auditor General South Africa (AGSA) and Deloitte.

Her message for Women’s month is, ‘there are those that walked the journey before us, they were determined and had a goal to be achieved and they stood together to achieve the common purpose. Women of today should continue to do the same for the next generations’ lives to be better.’

“In the near future, I would like to do the Harvard Management Program and to pursue my passion for skills development and training,” she continued when asked about her plans beyond her current role. “Skills development and training, especially for women will most likely help to reduce the high rate of gender-based violence cases. The scourge of GBV saddens me a lot because it shows that women are still vulnerable to their abuser because of financial dependencies. I think women should be empowered to stand on their own and be financially independent so that they can make better choices about their life,” she said.

It is as important for an organization to be financially sound, for its continued well-being, as it is equally important for an individual to be financially sound.

ByJunior Kotu

Leading the Human Rights and Constitutional Institutions support in DoJ&CD

Sitting across a table at her corner office on the eleventh floor of Momentum building, Mabatho Molokomme shared a little bit about her life. The 35-year-old Director of Human Rights and Constitutional Institutions Support within the Department of Justice and Constitutional Development (DOJ&CD), has come a long way.

Born and raised in Polokwane, Molokomme moved to Johannesburg to study Law at the University of the Witwatersrand.

She has completed two Masters of Law degrees; the first focused on the Rule of Law for Development with an American University, Loyola University of Chicago and the other in International Food Law with LUISS Guido Carli University in Rome, Italy.

Her career began in the civil society space, working for Probono.Org in Johannesburg with a key focus of ensuring access to justice for those who could not afford legal services. “I carried on this line of work with the Legal Resources Centre, where I served my articles of clerkship and later occupied roles as Researcher focused on mining and extractives, and later as an attorney.” she said.

In the year 2017, she worked as the Head of Programme: Legal Services for Tshwaranang Legal Advocacy Centre where she founded three legal clinics for women and girls who were victims of violence.

Before joining the Department in 2023, Mabatho worked for the South African Human Rights Commission where she was the Executive Manager: Office of the CEO. “Central to my career path, and what led me to my current role has been a focus on facilitating access to justice and the advancement of human rights,” she said.

One of the defining moments for Molokomme with the Department was hosting the National Conference on the Constitution in March 2023. “It was a great achievement for the team that was set up within the Chief Directorate to plan the conference and to see it work out the way it did. It was great platform that provided a moment for reflection on our Constitution, something that does not happen enough and that made it worthwhile.” She said.

As we edge closer to the end of Women’s Month, Mabatho called on women to empower others, disapprove the stereotype of “Pull her down” syndrome and strive to make space selflessly and collectively for others.

“I marvel at the idea of women occupying spaces that were never possible for them in the past and breaking boundaries in every field. This will ensure that we all achieve the goal of a substantive and merit driven seat at every table, equal to our male counterparts.” She said.

ByMakinta Kgomotso

Ntombizodwa Matjila is the Registrar of the National Register for Sex Offenders

Ntombizodwa Matjila is a perfect example of how women can make great strides in the workplace. She was appointed to be the first ever Registrar of the National Register for Sex Offenders (NRSO), in the country. She oversees the implementation of the NRSO in the entire country.

The NRSO is a database established by an Act of Parliament in 2007 and is administered by the Department of Justice and Constitutional Development (DOJ&CD), which contains particulars of persons convicted of any sexual offence against a child or a person with mentally disability.
Matjila maintains the NRSO database by ensuring that it is always kept up to date. “I record the particulars of every convicted sex offender, past and present” she said. She does these to achieve the objective of the NRSO, which are to protect vulnerable persons against convicted sex offenders.

She joined the department back then in 2007 as a Director of Legal Services responsible for managing and providing Legal Services in the Gauteng Provincial office of the Department. “My work included many community outreach programs and advocacy on Justice Services, aimed at improving access to justice, “she added.

She was appointed in the year 2009 as an administrator for NRSO which is a position she currently holds.

Ntombizodwa hails from the bustling township of Meadowlands, Soweto, in Gauteng. She did her lower grades schooling in Meadowlands in Gauteng but later completed her Grade 12 studies at Leeuwfontein in Mpumalanga. She then obtained her junior degree in Law at the University of Limpopo in 1995 and completed her Masters Degree in Constitutional and Admin Law at the University of Pretoria in 2005.

She was always drawn to the law and always wanted to help vulnerable people even at a very young age. “I aspired to be a Family Advocate, even though at that time I had no clue what it was,” she said. She is grateful to her high school teacher who saw something in her and encouraged her to study law.

She describes as her achievement the fact that she managed to establish the NRSO office and developed a Research proposal for the merger of NRSO and the National Child Protection Register (NCPR). She also managed to establish the NRSO database from scratch, without resources and decentralized some of the NRSO functions nationally.

She continues to be instrumental in the empowerment of women in her current role as many women in the department look up to her as a leader.

When she is not in the office doing her work, she enjoys coordinating campaigns and public awareness session with other government Departments. She is happily married and has two children, a girl 10 and a boy 8 years old.

Her advice to women wanting to enter the legal profession is that they must follow their dreams and conquer the world. She wishes all women in South Africa a prosperous Women’s Month.

By Solomon Mahlangu