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Programme Director, and Board Members of the Department for Justice and Constitutional Development and members of the extended justice family.

It is an honour for me to address you at this important occasion. We celebrate this evening the launch of the new-look Master's Business Unit. Thank you for inviting me.

I wish to begin by thanking the Managing Director of this unit, Mr Mike Tshishonga, and his team for their unwavering dedication to making the services offered by the Master's Offices more accessible and more convenient to all sectors of the South Africa society.

Improving the image of the Master's Office has been a huge challenge. Changing the way we do our business and improving service delivery standards to the public have been vital to this image-restoration process. The Master's Business Unit had to embark on a radical restructuring process. Earning the respect of the client - whoever that may be - means having to adjust existing business practices to achieve the appropriate levels of efficiency. Changing the way we do our business to suit the needs of the customer is also crucial to developing a sense of personal and collegial esteem.

The Master's Office has in the past been treated a bit like the proverbial poor relative of the Justice Department. I am delighted to announce that we have seen the light and drawn them a little closer! Our motives were not as altruistic as one would like to believe; the Master's Business Unit has enormous potential commercial value and if we do not watch ourselves, the poor relative might just turn into the most cherished and valued member of the Justice family!! It would be an understatement to say the Master's Office has been neglected by the national office over the years and it simply did not receive the kind of attention it deserves. This is set to change with the creation of a Master's Business Unit, which is part of the overall restructuring of the Department of Justice.

Our Department now acknowledges the important role that the Master's Office has to play in the administration of justice and has accordingly declared it as one of the core business units of the Department. Approximately R18 billion annually flows through the Master's Office. A significant percentage of these funds is intended for a large number of women and children in the form of maintenance and inheritance payments. Many of these women depend on these funds wholly to support themselves and their families. It is therefore critical that we make every effort to reach and serve the vulnerable groups that form an important part of our client base.

President Thabo Mbeki in his Youth Day address in Bloemfontein earlier this year identified homelessness, poverty and hunger as the country's new enemy. He called upon all South Africans - government officials and civil society to join hands in combating the scourge of poverty and deprivation when he said:

"this is a battle that will take us to the destination of sustained development and prosperity for our people."
We must all therefore contribute and play a role in transforming our society - and particularly the justice system - it is in everyone's interests to do so.

To do that we need to ensure that all stakeholders have faith in the Master's Office's ability to administer these considerable funds in a transparent, fair, speedy and user-friendly manner.
The importance of the role that the Unit fulfils not only in the Department, but throughout our society is well captured in your stated functions. These include:
- Supervising the administration of deceased estates;
- Protecting the proprietary rights of estates of minors and mentally challenged persons;
- Supervising the administration of Insolvent estates (individual and corporate);
- The registration of trusts; and
- Managing the Guardian's Fund;

The Master's Office like all other units in the Department has had to go through a process of transformation and restructuring. We have had to revise the organisational structure of the unit to ensure:
- the efficient and effective administration of the unit's business;
- control over its resources;
- providing safeguards against corrupt practices; and
- avoiding the mismanagement of the considerable private and public funds that are entrusted to the Office.

In fact, good progress has already been made. Obviously the process has been difficult for some and this is to be expected.

The process of transformation and restructuring is always a challenge for all those who are directly involved and it is often as rewarding as it is painful! Transformation, for any institution, including the legal system, is an exacting and highly complex process. This, combined with the huge infrastructural and capacity backlogs that we are faced with, has compounded the service delivery challenges that lie ahead. Competing needs and justifiable demands for improved service delivery frequently require difficult decisions in respect of resource allocation. Whatever our budgetary responses are to each component of the wide range of services that we offer, they must be guided by the principles of sustainability. An incremental approach is essential.

While transformation can be a daunting experience, there is no reason to face it with anxiety. In fact Hazel Henderson explains this well when she says:

"If we can recognise that change and uncertainty are basic principles, we can greet the future and the transformation we are undergoing with the understanding that we do not know enough to be pessimistic."

It is quite normal for people to be wary of change. But our reluctance to change may see us miss the infinitely greater riches that lie ahead in the future. We have not engaged in the process of change simply for change's sake. The change should have a positive impact on the general public that we serve. The current changes taking place in the Master's Office and the creation therefore of the Master's Business Unit is a necessary development in our drive to create a better life for all.

I now wish to turn to the topic of the Moseneke High Court ruling. The Constitutional Court challenge and judgement has highlighted the fundamental and strategic importance of this Business Unit's role in the efficient and proper management of estates.

The facts are plain and simple. Even after seven years of democracy, antiquated and discriminatory legislation from the past has continued to guide the management of black estates. We have recently finalised interim amendments to the Black Administration Act that will nudge us close to completely eliminating any distinction in terms of race when dealing with intestate estates.

The practical ramifications of the Moseneke decision have posed some serious challenges for the Department in terms of the required additional infrastructure, finances and human resources. And while these problems are significant, we fully subscribe to and support the principles espoused in the finding. There should be no confusion about our position on this matter.

Meeting these new demands will be difficult for an already overburdened staff. Preliminary indications are that the Unit will have to make provision for an additional 60 000 estates per annum as a result of the judgement. We cannot, however, continue with a system that discriminates unfairly against the majority of our people.

The Black Administration Act is a piece of legislation that should long ago have been consigned to the "legislative dustbin" and its existence has been prolonged by practical considerations. The Act goes beyond merely dealing with black estates and scrapping it wholesale could impact negatively on the very people we have been mandated to serve.

The proposed amendments to the Estates Act provide for the implementation of the Moseneke decision with effect from 5 December 2002. The amendments provide that the Honourable Minister for Justice may designate service points where the Masters Office will make services available.

I understand that the Magistrates' Commission has undertaken to encourage the Magistrates to provide assistance and advice to the Masters personnel that will be accommodated in their Courts. Such assistance will be provided for an initial period of one year.

The willingness of the Magistrates to provide assistance is highly appreciated and speaks volumes for their loyalty to the Department and our commitment to putting the public first.

The implementation of the Moseneke judgment will undoubtedly contribute to turning the Master's Office into a genuine public service unit in accordance with the principles of Batho Pele.

Another area of serious concern, and I understand this will be the Business Unit's next focus, is on liquidation matters. The process and manner of appointing liquidators, the conflicts of interest in some of their dealings and the quality of services rendered continue to be cause for concern. We have recently seen a number of questionable appointments of liquidators in cases where liquidators had a vested interest in the estate being finalised. This must not be allowed to continue.

To ensure that liquidators are accountable to the public, there is obviously a need for an oversight mechanism that deals with instances of corruption and unethical practice. Such a body should also be entrusted with ensuring representivity in the appointment of liquidators.

In the light of these concerns, we welcome developments around the compilation of a consolidated register of all liquidators. This would allow the Unit, in a transparent manner, to monitor the accountability of the sector to the public. The Unit will blacklist those that are found to be unscrupulous and corrupt in the performance of their duties.

These are some of the challenges facing the Master's Business Unit that will have to be addressed if we are to win the public's confidence. This is a task that requires the active involvement of all stakeholders. The initial business plan, which is intended to promote a self-funding and income generating Business Unit of the Master's, is not a document cast in stone. The plan is an adjustable instrument that will enable the Masters Business Unit to proceed with its metamorphosis in a dynamic manner.

The Business Plan will steer the Unit on its course to deliver more efficient, cost effective and dynamic revenue generating services.

I wish you well as you open a new chapter in the history of the Masters and believe that once the restructuring process is complete, you will be well placed to impact positively on the justice system and the people it serves.

I thank you.

Source: Department of Justice and Constitutional Development (http://www.doj.gov.za)