Lecture exercise sheet for trainer

The numbers below correspond to numbers in the Lecture Outline. Please insert the exercise at that point to stimulate participation.

Exercise 1

Scenario with questions

Group:    Plenary

Time:     10 minutes

1. Read the following to the participants:

Imagine that you are the defendant in a civil trial in which damages are being claimed from you in the amount of R100 000,00. While your lead expert witness is in the middle of giving testimony that will disprove the amount of the plaintiff’s claim, the magistrate falls asleep. How would this make you feel?;

The issue was raised in Sager v Smith 2001 (3) SA 1004 (SCA) but as the court found that the allegations against the magistrate were unfounded the matter was not dealt with directly by the court.

2. Ask the following questions in plenary:

• Would you have any confidence in the magistrate?
• Would you feel that he or she is able to give you a fair trial?
• If this were your first encounter with the courts, what would you think of the justice system?
• Would you behave like this if you were the magistrate in question? Why?

Exercise 2

Small group discussion on necessary elements of judicial integrity

Group: Groups of 5
            Plenary

Time:     30 minutes

1. Ask participants individually to write on a piece of paper the elements of judicial integrity required in a courtroom. (5 minutes)

2. If it seems as if the question is unclear to them, give them the first two elements. Organise them into groups of 5, and give each group a sheet of flipchart paper and a pen.

3. Ask each group to combine their individual lists on one flipchart. (15 minutes)

4. Put the flipchart sheets on the walls and allow the participants to wander around looking at them.

5. In plenary show them OHT 3.

6. Comment on their flipcharts: any omissions, points they all have in common, interesting additions that you do not have. (10 minutes)

Exercise 3

Questions on inappropriate behaviour that could lead to perceptions of impartiality

Group: Groups of 3
            Plenary

Time:     20 minutes

1. Tell participants that you will be requiring them to give examples of what they would consider to be conduct that would lead to a reasonable apprehension of bias.

2. Some examples that you may give them to facilitate the discussion would be:

Making inappropriate jokes about a witness or litigant;

Showing an obvious hostility to counsel.

3. Ask them to list examples on flipchart paper in groups of 3.

4. In plenary put up the flipchart papers.

5. Ask one member of each group to read out their list.

Exercise 4

Small group discussion on diligence

Group: Plenary
            Two groups

Time:     10 minutes

1. Read the following scenario to the participants:

A magistrate in a small rural town makes a decision to start a particular matter at 10.30am instead of 9.00am in order to allow witnesses a reasonable time to travel to court and arrive at the start of proceedings. The witnesses have to travel long distances on foot. Is this appropriate?

2. Take a vote by a show of hands amongst participants.

3. Put those that say “no” in one group: and those that say “yes” in the other group.

4. Get them to argue across the room to try to get people from the other group to “cross the floor”. It is unlikely that anyone will do this.

5. Discuss the issues, making sure to include the following points:

   • Magistrates must appreciate that they must be diligent and start court on time.
   • At the same time, magistrates must also bear in mind the needs and realities of the communities they serve.
   • Often in order to ensure that justice is done, they may have to make certain allowances, but the line may be hard to draw.
   • It is important to remember that magistrates cannot reduce court hours.