Magistrates Court User Survey 2023
This report is part of the Democratic Governance and Rights Unit’s (DGRU) research project on the South African Magistracy.
This survey of six courts in two provinces provides some insights on the state of South African courts today, from the perspective of users of the courts.
The findings reveal that some of the greatest challenges faced by our courts – how court users are treated – have largely been resolved.
Court User Survey Key Findings
The findings reveal that some of the greatest challenges faced by our courts – how court users are treated – have largely been resolved: in the main, court users are treated with respect, regardless of their race or gender
In addition, the availability of legal representation and issues of language and interpretation did not emerge as a challenge from the perspectives of court users. This suggest that constitutional guarantees in this regard are largely being met.
The question of delays and safety
A somewhat lesser fraction of court users approved of the outcome of court decisions. Furthermore, the evidence suggests that overall positive views are steadily undermined by unnecessary delays, with more frequent returns to court associated with a switch from positive to negative ratings. These delays are occasioned most commonly by missing dockets and court files, and the unavailability of witnesses, which in turn may be a result of multiple postponements.
A disquieting number of court users said they were aware of sexual harassment and physical assault in the courts. While this may be a reflection of South African society, courts should be places of safety and not places where people experience similar or greater threats than those faced in ordinary society. Some attention to safety around courts, and safeguards within courts, accordingly appears to be required.
Corruption and Bribery
Corruption and bribery have the potential to undermine the entire project of justice. The extent to which it is noted by court users is concerning. This in turn is related to missing dockets and court files, again suggesting an urgent project to bring order and safeguarding to court records. “Making a file disappear” should neither be a possible nor effective means of subverting justice.
Corruption and bribery have the potential to undermine the entire project of justice. The extent to which it is noted by court users is concerning
Better management of court records, more efficient use of the court day, and courts starting on time, will all likely lead in the long run to a reduction in pressure on the courts while raising the number of finalisations, thus better meeting the unmet demand for justice. This is the task ahead now that other transformation goals appear largely to have been achieved.
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