Preprint: submitted for review, 25 May 2024.
I argued in a Constitutional Court case during Covid, in which my costs were minimal as the proceedings were virtual. That led me to wondering how justice could be affordable to all. More recently, I was a litigant in the Electoral Court of South Africa where the applicants were unrepresented and won our case, if with higher costs. Questions arising out of why these processes were relatively affordable leads me to a proposal for a Rights Court of South Africa, that would make litigation for basic rights accessible to all. The model I propose draws on the strong points of the Electoral Court: nimble processes and a strong association with a Chapter 9 institution, that in this case would be the South African Human Rights Commission (HRC). This Rights Court would replace the Equality Court by a specialist standalone court with concurrent jurisdiction with the High Court but simpler, more nimble processes aimed at quick results on rights violations. The HRC would use this new court as its primary vehicle for litigating all violations of the Bill of Rights and the streamlined processes of this court would make for rapid restitution, while not overwhelming the HRC with costs.