Action Society confirmed the contents of a devastating report published by the Public Protector on Tuesday. The report highlights the inefficiencies within the South African judicial and police system regarding Gender Based violence cases after a woman was murdered by her partner after failing to obtain a protection order. Action Society wrote to the Public Protector demanding clear objectives and deadlines to ensure real steps in the right direction are taken.
“Unfortunately, victims of violence often stand alone when they need help the most. In too many cases that end up at Action Society to oversee, the victims were murdered by their intimate partners despite protection orders. Siphokazi Booi, Alwaba Sondara and Charlene Pretorius all died horrible deaths that could have been avoided had the police acted sooner,” said Action Society spokesperson Juanita du Preez. “A report and a plan will achieve nothing if no one takes responsibility for the steps that need to be taken. We want to know who will be responsible for what and by when and what the consequences will be for missed deadlines.”
The investigation by the Public Protector comes after Altecia Kortje was murdered by her partner in 2020. It was initially alleged that clerks at the Bellville Magistrate’s Court failed to help her fill out a protection order. The court’s report later revealed that she left the court before completing her form, citing that the process took too long and there was too much to write. At first glance, this might seem like a wrong decision on her part, but an investigation into the state of many of the South African courts, including Belville, reveals that her frustration and indignation were completely justified.
The administration of justice and overseeing the courts when dealing with GBV cases falls under the auspices of the Department of Justice and Constitutional Development (DoJ&CD). The report found that the allegation that the DoJ&CD ‘did not put adequate measures in place was substantiated.
Failures of the court:
The investigation revealed how dire the situation in many of these courts are. In a survey of the conditions of the courts it was found that 38 courts countrywide are not in a condition that will allow for efficient service delivery. The report described many of these courts as ‘old and dilapidated’ with cracked walls and leaking roofs. Office equipment such as telephone lines and switchboards were dysfunctional and many suffered chronic network issues. Furthermore, the courts visited do not have fully functional Integrated Case Management System (ICMS) resulting in manual capturing of cases.
Not only is the infrastructure of many of these courts falling apart, some of the buildings are left in an incomplete state. One court in Mamelodi has been incomplete since its inception 10 years ago. A court in Pretoria which was burned down in 2010 has not yet been rebuilt. Water shortages and electricity issues continue to plague many other courts.
Lack of human resources in some courts means the absence of essential staff including GBV specialised prosecutors, interpreters, magistrates in rural courts, court clerks and administrators. These staffing issues also result in lengthy cues which lead to unreported cases, such as the Altecia Kortje case.
Most courts were found lacking proper filing systems and spaces as made evident by files scattered on the floors at the Mamelodi, Pretoria, Palm Ridge, Vereeniging, Johannesburg, and Bellville courts. In Ga-Rankuwa, files were found kept in police cells. This means that even if you suffer through the endlessly long queues, there is a likelihood that your case will be discarded and ignored.
Failures of the police:
The report also found that SAPS ‘did not put adequate measures in place to respond to incidents of GBV’. Police stations from across the country were found to have lacked the mandatory Victim-friendly Rooms (VFRs) which means that victims of GBV are forced to relate the abuse they have suffered in crowded police stations. Furthermore it was found that victims are being sent to courts without first receiving medical treatment and clerks at the courts are forced to arrange such services for them. Not only was it found that police often fail to register cases (and fail to inform the victims of their rights to institute criminal action) and rather send them straight to the courts, but refuse to arrest any perpetrators without a warrant despite evidence of violence.
In a response, the Public Protector has challenged the DoJ and CD to take immediate remedial action within 210 days, including an audit of the long term needs of the courts. They also challenged the Minister of Police, the Police Commissioner, to address their failings in 180 days which includes a plan to fit all police stations with VRFs to more efficiently deal with GBV cases .
“We are glad to see the public protector keeping the judicial system accountable, but this is just the tip of the iceberg on a mountain of corruption and decay that has made the system very weak. Our courts and police stations are not in a position to fulfil their most basic duties and keep South Africans safe. Action Society has been advocating for change in our judicial system since our inception. We strongly believe and advocate for the decentralisation of the judicial system and our police so it can be free of any political interference and start to operate in the interest of ordinary South Africans,”concluded du Preez.
