The study found positive changes in South Africa's magistrates' courts. (Photo by Kim Ludbrook – Pool/Getty Images)
a Recent research into public perceptions of South Africa's court system suggests that people are being treated better in South Africa.
Published by the Department of Democratic Governance and Rights at the University of Cape Town, one of the continent's leading research centres, the study surveyed 933 public participants and 108 courts across six courts in the Western Cape and Eastern Cape. It was conducted for employees.
The report noted that the survey was “not technically representative of the country as a whole, nor was it designed to be so.”
The survey found that nine out of 10 participants said they were treated with respect and dignity in the courtroom, in contrast to previous trials that had been described as disrespectful.
However, those interviewed said there were still deficiencies in approaching the court, including “unnecessary delays”.
“These delays are most commonly caused by lost exhibits and court documents, unavailability of witnesses, and may be the result of multiple adjournments,” the report said.
The findings suggest that steps are needed to improve safety and access to justice, as participants said they were aware of sexual harassment and corruption within the system. This relates to the loss of documents and court files.
“Improving the management of court records, making more efficient use of court days and ensuring courts start on time could lead to reduced pressure on courts while increasing the number of final judgments in the long term. and, as a result, will be better able to meet unmet demands for “justice,'' the report said.
Approximately 94% of participants said they had never accepted a bribe in their lives or seen someone accept a bribe during a court process. However, 6% said they had accepted a bribe in the past and knew someone who had taken a bribe.
According to the survey results, 43% of bribe requests came from police officers, 14% from lawyers and clerks, and 13% from prosecutors.
Zeenat Susie, senior lawyer at Section 27 of the Public Interest Law Center, read that many South Africans feel that court procedures have improved and that “access to justice has improved as a result”. I felt relieved,” he said.
But Susie said advocacy groups are concerned about the slow pace of progress in addressing criminal issues.
“These delays cause women to avoid reporting sexual assault cases and allow perpetrators to escape responsibility,” Susie said..
The report was submitted to the Ministry of Justice and Constitutional Development, along with suggestions from the Democratic Governance and Rights Division on how to alleviate setbacks in the court system.
This is one of three reports commissioned by the unit over the past four years, including one that examined the views and opinions of 230 judges across the country. The report focused on judges' high caseloads, security concerns and the impact of the coronavirus pandemic on the system.