Sameera Casmod | sameerac@radioislam.co.za
01 February 2024 | 12:20 p.m. SAST
1-min read

Image: Judges Matter

A recent study conducted by the Democratic Governance and Rights Unit (DGRU) of the University of Cape Town (UCT) revealed some of the challenges faced by magistrates in South Africa.

The study comprised two reports. The first, titled, “Under Pressure”, surveyed 230 magistrates across South Africa, examining factors such as caseloads, court infrastructure, stress levels, safety, security, perceptions of corruption, and the impact of COVID-19. The second report focused on court users’ experiences and perceptions.

The findings show that safety and security are primary concerns, with magistrates reporting threats, physical harm, and incidents of sexual harassment.

“Courts are supposed to be places of safety. So if [this is happening, it] undermines the view of courts being safe places,” Mbekezeli Benjamin a research and advocacy officer of the Judges Matter Campaign at DGRU said in an interview on Radio Islam International.

The second study indicates that court-users reported positively on their court experiences. Nine out of ten court-users reported being treated with dignity and respect within the courts.

However, Benjamin noted that the study indicates that court users’ positive experiences diminish with repeated visits, primarily due to delays and backlogs.

“We found that, actually, the more times people went to court, the 90% starts to go down. That’s because people are frustrated by the delays in the court,” Benjamin said.

Issues such as evidence loss, absenteeism, and corruption contribute to delays in the court system, which in turn leads to frustration and an erosion of trust in the judiciary.

The study proposes several recommendations, as discussed by Benjamin. These include improving court infrastructure, enhancing security measures, and transitioning towards digital courts to streamline processes and eliminate corruption. The move towards digital courts, already underway in Gauteng at the High Court, is seen as a crucial step in facilitating a more efficient judicial system.

Listen to the full interview on Sabaahul Muslim with Moulana Junaid Kharsany.