The Joubertina District Court is currently in a dire state since the only District Court Magistrate was transferred to George four months ago. Since his departure, cases have been piling up, and no permanent replacement has been appointed, resulting in an alarming backlog of court matters.
Since June, no hearings have been finalised, and complainants and state witnesses who attend court in hopes of justice are sent away without their cases being heard. The court is being serviced by temporary magistrates from Gqeberha and Kariega on an irregular and often short-notice basis, leading to significant delays, with court sessions starting late in the day and cases being postponed.
This situation is exacerbated by the fact that the court relies solely on one magistrate and one public prosecutor to handle all district court matters. Additionally, the position of a permanent Legal Aid attorney remains vacant, further hindering access to justice.
I have therefore written to the Secretary of the Magistrate’s Commission to urgently intervene and rectify this situation.
Not only are criminal cases piling up, but family violence interdict applications, children’s court cases, and civil matters are also left unattended.
While complainants have the right to have their cases adjudicated, trial-awaiting prisoners also have a right to a speedy trial. The urgency of bail applications is currently prioritised, leaving many hearings in limbo. This situation denies both innocent victims and accused individuals their basic constitutional right to a speedy trial. The Constitution states that every person has the right to a fair trial, which includes the right to have their trial begin and conclude without unreasonable delay.
The lack of effective court functioning also undermines crime prevention and the proper administration of justice, which are critical in a country already plagued by crime. This untenable situation poses a significant threat to the safety and security of the residents of Joubertina.
The DA is committed to ensuring that courts function optimally to protect the constitutional rights of all citizens, and to restore trust in the justice system.