Minutes Inaugural Board Meeting

MINUTES OF THE PAN AFRICAN COURT MANAGEMENT ASSOCIATION (PACMA)

INAUGURAL BOARD MEETING HELD ON 22 FEBRUARY 2014

AT 10:00 – 13:00 AT WOODHILL ESTATE, PRETORIA EAST

1 BACKGROUND

The Acting Chairperson of the Board, Adv S Jiyane opened the meeting and welcomed all members present. Mrs D Ollermann was linked through a teleconferencing as she is based in KwaZulu/Natal and could not travel to attend the meeting in Pretoria. Mrs AC Smit apologised for not attending the meeting because she had flu. Mr M Makhura, who has abundance knowledge and experience on the development of court management in South Africa, was invited to share and help develop a new strategy for the Pan African Court Management Association (PACMA).

The Acting Chairperson gave a background for the establishment of the PACMA whose main objective is to create a platform in which all African Countries can share best practices and lessons on court management. The idea behind the Association is to create ethos of professional court support personnel, which will be imbued with the necessary skills and knowledge to improve the efficiency and effectiveness of the courts’ systems in the African Continent.

This will be achieved, amongst others, through the creation of the Centre of Excellence, Research and Development based on the experiences and knowledge on court management practices in the African Continent. The ultimate aim is to create court support personnel that has the necessary skills and experience that is relevant towards the improvement of the courts’ systems in Africa. It is acknowledged that there are pockets of excellence on courts’ reforms in some parts of Africa which are not shared with the rest of the African Continent and through the establishment of the PACMA, which will serve as a vehicle to implant or promote new innovative ways of managing courts that enhance the good governance and the rule of law in Africa.

2 THE ESTABLISHMENT OF THE INTERIM BOARD OF PACMA

Given the fact that the PACMA has not been formally launched in Africa and the need for the participation of members in the election of the office bearers, it was resolved that an Interim Board be constituted by the founding members of Association as indicated in clause 5.2 of the Interim Constitution of the PACMA be approved. It was also approved that Messrs MA Motaung and V Pather be registered in terms of the Companies Act, 2008, as additional members of the Board.

The meeting resolved that the Constitution, balance and the size of the permanent Board of the PACMA will be determined once there is full participation of some countries in Africa. In the short term, it was resolved that the Southern African Development Community Countries (SADCC) should be targeted for membership based on the value add they will provide towards the establishment of the Association. The rest of the African Continent will be reached on an incremental approach based on a recruitment drive developed on the new strategy of the Association. A need for the establishment of focal persons or institutions in the various African countries will be ideal for the purpose of reaching out to all jurisdictions. The affiliation of the South African Court Management Association (SACMA) to the PACMA was muted as the right direction towards establishing a chapter for the Association in South Africa.

In order to ensure continuity in the administration of the Association, the Interim Board resolved that the acting Chairperson will carry on the management of the Association until a full administrative structure is approved by the Interim Board.

3 APPROVAL OF THE INTERIM/DRAFT CONSTITUTION OF THE PACMA

The proposal for the adoption of the working document on the Interim/Draft Constitution of the PACMA was made by Mr V Misser, seconded by Mr MA Motaung and approved by the Interim Board with the following amendments:

5.1 To be amended to include judicial officers, who perform court administration functions in some jurisdictions in the courts in Africa; and

5.3 Criteria for membership of the Association be extended to all court personnel, students at any academic or training institution aspiring to be court managers, registrars, administrators, language practitioners, retired court personnel, judicial officers, academics, individuals, affiliated instances and persons or institutions that meet the Code of Conduct of the Association.

4 SUBSCRIPTION FEES FOR MEMBERSHIP

This item was postponed to a future meeting. However, the Interim Board resolved that a comparison or bench marking with various occupational groups in the court environment be done before any proposal in this regard can be placed for the consideration of the Interim Board.

5 AGENDA ITEMS DEFERRED TO A FUTURE MEETING OF THE INTERIM BOARD

The following items were deferred to the future meeting of the Board:

  1. Election of office bearers;
  2. Planned meetings for the year; and
  3. Affiliation to the International Association of Court Administration
  1. The development of a marketing strategy;
  2. Investment in technology (i.e. development of e-learning platform);
  3. And a funding proposal for the Association.

6 PROGRAMME OF ACTION

The Interim Board resolved that a strategy of the PACMA needs to be developed urgently. To this extent every member of the Interim Board was requested to submit inputs on issues to be included in the strategy to the Acting Chairperson on or before the 7th March 2014.

The following programme of action was agreed to be of equal importance in the finalisation of the strategy for the PACMA:

The meeting agreed to convene a Strategic Planning Session on 15 March 2014 at 10:00 at 26 Glendower Drive, Woodhill Estate, Pretoria East.

7 MEETING CLOSURE

The Acting Chairperson thanked everybody for attending the meeting and for their contributions. The meeting was closed at 12:30 and the next meeting will be held on 15 March 2014 as mentioned in par 6 above of the minutes.

Minutes approved as the true reflection of the discussions held on 22 February 2014 during the meeting of the Interim Board.

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ACTING CHAIRPERSON: ADV S JIYANE

DATE: 22 FEBRUARY 2014

PLACE: WOODHILL ESTATE, PRETORIA EAST