South Africa: Court Postponements Must Be Capped - Cases That Run Indefinitely Deny Justice to Poor

analysis

Trial of protesters arrested in Lenasia drags on for six years and counting.

A lack of access to justice is a reality for many people in South Africa, felt most acutely by poor people. Top of the list of problems is endless postponements of cases resulting in lengthy delays, especially in criminal cases in magistrates' courts. Delays create numerous challenges for the parties and the families involved. Urgent measures are needed.

To cite just one example, a criminal case in the Lenasia Regional Magistrate's Court has been dragging on for six years. No less than 30 postponements later, the matter is still not finalised.

In January 2016, a group of 14 unemployed activists from an informal settlement in Lenasia, south of Johannesburg, were arrested during a protest for basic services that coincided with local government elections.

Charges included public violence, arson and malicious damage to property. Most of them say that they were simply at the wrong place at the wrong time. The accused were released on bail.

Unless there are compelling reasons, arrest should be a last resort, not a first response by SAPS and the Johannesburg Metropolitan Police Department. There are other means of securing the accused's attendance...

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