The Herald (South Africa)

Staff shortage a cause for alarm

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THE wheels of justice need far more than oil to roll smoothly – our courts need a full complement of capable legal profession­als, of which a state prosecutor is key.

Today’s report, therefore, on the shortage of prosecutor­s here in Nelson Mandela Bay as well as on a national level is alarming.

In addition to numerous unfilled positions, it appears unlikely that any of these will be filled in the near future.

Add to that there are reports of still more prosecutor­s leaving the field, which suggests we have a judicial disaster waiting to happen.

As numbers dwindle, so do workloads grow on the remaining team to shoulder cases of former colleagues.

Then there is the question of sick leave: overworked employees tend to clock in sick more often and that in turn creates a vicious circle.

These employees of the Justice Department have years of specialise­d education under their belts.

The nature of their work calls for preparatio­n which includes attention to detail and keen reading of material such as police dockets and court papers, which simply cannot happen if their workload is too heavy.

Prosecutor­s reportedly hop from court to court due to this shortage, which suggests there is a danger of muddling up cases or, at the very least, of being ill-prepared.

This, in turn, could lead to a lowered conviction rate and the frightenin­g thought of criminals on the loose who otherwise would have been securely behind bars.

The National Prosecutin­g Authority itself has admitted there is a problem, telling The Herald prosecutor­s are stretched “and this has a detrimenta­l effect on them, and in turn, on the criminal justice system”.

The lack of staff does not only lead to a prosecutio­n that is done less than perfectly.

In this case, it may also mean court cases are delayed due to inadequate preparatio­n and – as the old adage goes – justice delayed is justice denied.

How could this have come to such a stage?

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