To video link or not to video link? Safeguarding vulnerable persons’ right of access to courts in civil matters
Author: YT Mbatha
Affiliations: B Proc, Judge of the Supreme Court of Appeal
Source: Journal of the South African Chapter of the International Association of the Women Judges, Issue 1, 2022, p. 69-102
The purpose of this article is to highlight the need for video link conferences, particularly in civil cases. The articles also deals with the challenges faced by the courts during the COVID-19 pandemic and its impact on access to justice. The article traverses various judgments which highlight the need for South African courts to adapt their systems in line with the technology of foreign jurisdictions, especially the United States, Australia and the United Kingdom. This article emphasises that access to court via video link should not only be available in emergency situations but should also be used to safeguard the rights of vulnerable persons.