Victims’ families slam 49% court backlog
FAMILIES waiting for justice have slammed the findings of the recently released Judicial Annual Report for 2021/22.
The document said the backlog was at 49% countrywide, despite aiming to get it down to 30%. It also showed that KZN was unable to achieve its target in reducing the backlog, with a shortage of judges among the reasons given.
Those awaiting justice for loved ones said the reasons offered are not good enough and the judicial system must do better.
The Eastern Cape, Bhisho, and the Western Cape High courts were the only ones that achieved their targets. The Kimberley (67%) and Middelburg (66%) High Courts remained the courts with the highest backlog. KZN has 54%.
Among the reasons given why KZN was unable to achieve its target were Covid-19, a shortage of courts, and issues with the recording of cases.
“The challenge in KZN started when the austerity measures were put in place. Some circuit courts were alternating to cut down on costs. The problem was exacerbated by the Covid-19 pandemic.
“Lately the KZN Division has had a problem with recording machines, which break more often and days go by without these being repaired.
“In many instances, the circuit courts have to wait for the lower courts to finish their roll and only then can they commence with matters. Load shedding is a further challenge as it reduces court hours drastically.”
The report said there was also a shortage of judges.
“We made a request for at least one judge for the time being as one colleague is continuously engaged in one long trial. This number will increase from the next term as there are more long criminal matters being enrolled. This division would benefit from the appointment of three acting/permanent judges.”
The report noted that in Durban, the criminal courts were on the 12th floor and the lifts kept breaking.
“Once the lifts are not operational, the courts cannot sit as it is dangerous to walk the prisoners up 12 staircases. As of January 2023, all circuit courts have been opened and this will contribute to the reduction of the backlog.”
Meanwhile, the outstanding criminal cases in the country increased by 5% from 870.
Load shedding was reported to be the number one reason why the case backlog was so high.
In presenting the report’s findings, Chief Justice Raymond Zondo said with 13 high courts and 500 district courts, there was no budget to supply generators to every court.
“The disruptions that load shedding have on the operations of courts are very serious. Efforts are being made to try to sort it out. But obviously, efforts can only be made within budgetary constraints.”
Families waiting for justice said they were disappointed by the reasons for the backlog.
Shristi Dhooki, sister of 24-year-old mother of two Mercisha Tedpaul, said the reasons were not good enough.
Tedpaul was strangled to death. Her body was found on a hill near a railway line on Watt Road, Dundee, a year ago.
Her partner’s parents, Manoj and Sarika Madhan, were arrested along with her partner’s eldest brother, Sanjoth.
“My sister went missing on March 1, 2022, and was found dead and decomposed on March 4, 2022. The accused in the matter made their first appearance on March 7.
“However, it took the courts seven months to make a bail decision. We experienced load shedding while our matter was in court but thankfully the generator kicked in. As a person waiting for justice, the results of the judicial report, especially the backlog, is frustrating. It takes too long for justice to be served in this country.”
Shobana Pillay, mother, of 20-yearold Keenan Pillay, said she felt as if her pain and suffering meant nothing to the legal system.
On September 22 last year, Pillay was sitting with two friends in a taxi outside his home in Mayville when he was shot multiple times. He died en route to hospital.
His friends were also shot but they survived.
Shortly after the shooting, Yoshlin Chetty and Kyle John, also from Mayville, were arrested and charged with murder and attempted murder.
“The justice system is messed up. This is my second son who has been murdered. My eldest passed away in 2020. He was stabbed to death in Morningside. To date, there have been no arrests in the matter.
“I have no answers, no closure. There is no justice. I feel like people can do whatever they want and get away with it,” said Shobana.
She said she was forced to leave the area she had lived in for 23 years because of what happened.
“I cannot deal with the crime that is happening in Mayville. I had to move out. I am scared for my safety. Crime has taken both my children.”
Adrian Nelson, son of Dougie Nelson, said he was not surprised at the number of cases not yet finalised.
Dougie Nelson, a 75-year-old pensioner, went missing on December 9, 2020. He left his home in Havenside and did not return.
Four days later, his vehicle, a Hyundai Atos, was found abandoned in the Durban CBD.
In May 2021, the first suspect was arrested and others followed. Police informed the family that they had received information that Nelson was shot in the head and thrown over the Umzinto River bridge. Nelson was still not found at that stage.
A week after the arrest, Nelson’s family and friends conducted a search on their own. A body was found on the river bank. Adrian said he knew it was his father because of the clothes on the recovered body.
Six months later, DNA results confirmed that it was in fact Nelson’s body.
Previn Gounder, 39, of Havenside; Yashan Nair, 35, of Durban Central; Jadwin Chetty, 40, of North Beach; and Adriano Everts, 24, of Cape Town, were arrested for Dougie’s murder.
The accused face several charges, including kidnapping, murder, assault, fraud and theft.
“The report is not something that moves me. In our case, there have been many adjournments.
“But the case was moved to the high court at the end of last year. So I am happy about that.
“I am hoping the trial starts soon. I don’t mind waiting as long as whoever is handling the case takes it seriously and moves the matter forward,” said Adrian.