Lamola appoints 43 new magistrates as communities continue to cry ‘justice delayed is justice denied’

Minister of justice and correctional services Ronald Lamola has appointed 43 new magistrates for regional courts across the country amid complaints of the justice system being overwhelmed due to rising crime levels.   

“Justice delayed is justice denied” has become a popular fighting phrase for families and NGOs pained by delayed court cases which at times drag on for years.    

The reasons for delay vary, including intense workload in some courts for magistrates and judges.  

Lamola announced on Thursday the department had appointed 43 magistrates to start work in May.   

“The appointments are an important step in capacitating our judicial officers and our courts to enable them to deliver justice to all. Our magistrates’ courts are where most people encounter the justice system for the first time. If the magistrates’ courts work well it builds trust and confidence in the justice system,” Lamola said.   

Speaking to SowetanLIVE's sister publication TimesLIVE, policing analyst Dr Johan Burger welcomed the appointments and said he believed it was a positive move in resolving capacity problems within the justice system.   

Burger has been vocal about the criminal justice system being under tremendous pressure and struggling to deal with the rise in crime.

He said capacity issues opened a leeway for criminals to terrorise communities without facing consequences.  

“Part of the frustrations for everyone has been that it took a long time for cases to conclude in magistrates’ courts. There are postponements all the time because the court rolls are full and there are not enough magistrates to deal with them.  

“It frustrates the police officers that spend a lot of time investigating the cases, the NPA, the witnesses and complainants who get summoned to court but when they arrive the case gets postponed to another date.  

“Sometimes cases end up not being concluded because witnesses die or complainants disappear. The shortage in magistrate courts is defeating our justice system. It’s a positive announcement to have additional magistrates.”  

Burger said the delays also cost money for the accused. 

“Capacity issues have been a widespread ongoing problem; the appointments will go a long way towards alleviating the pressures that we experience at our courts.” 

Independent attorney Edwin Makwati concurred with Burger. 

He believes the additional magistrates are a start in addressing delays caused by the shortage of presiding officers in magistrate courts  

“The courts need more, maybe twice the amount they have added. There are many cases that take forever. Sometimes people get remanded waiting for bail applications while the presiding officers have a lot of workloads on their tables,” he said.   

Makwati, a former lawyer with Legal Resource Centre, said delays in court cases led many to complain that the justice system was not working as it should and justice was often never achieved.