Justice on Ice: The High Cost of the "No-Show" Magistrate

Last week, Elizayo traveled to a court in the Garden Route District Municipality to present a Victim Impact Statement in the sentencing of 2 offenders who have been found guilty of crimes accused. Despite waiting the entire day, we were only informed late in the afternoon that the Magistrate had failed to appear. Today, we returned for the rescheduled date, only to be met with the same outcome.

A court roll is not a suggestion; it is a mandate

This lack of proactive communication is unacceptable. Court rolls are managed in advance; the failure to notify parties of a Magistrate’s absence shows a total lack of empathy for victims who suffer "secondary victimization." - trauma not caused by the original crime, but by the very system meant to provide justice. Every new date forces a victim to stay "in" the trauma rather than beginning the healing process. Postponements essentially pause their recovery indefinitely. It also impacts offenders who still have to pay legal fees for "nothing” [especially those who have not been found guilty].

The inefficiency extends beyond the victims and accused to the broader SAPS and the DCS. On both occasions, officers were required to:

• Diverts focus from their core mandates to provide transport and security for the accused.

• Waste man-hours "babysitting" a stalled process rather than performing active duty.

• Utilize state vehicles and fuel for redundant trips that yield no progress

  
  

It is deeply concerning that a judicial officer can remain unreachable for a week without a contingency plan being activated. It was only through the vocal objections of victim's legal practitioners that any effort was made to source an alternative Magistrate. This reactive approach suggests that without external pressure, the court is content to let the roll collapse at the public's expense.  In terms of the magistrate wellbeing –does the fact that a person has not been contactable for a week, not raise concern with his/her employer [DOJ] – both in terms of the missing person’s safety and his failure to execute his/her duties.  

A Systemic Disregard for Human Value

The "interests of justice" cannot be served when the court itself operates with such disregard for the time, safety, and emotional well-being of the citizens it serves.

If you are interested in our forensic criminal and family services please email us at elizayo@elizayo-colab.co.za ; Call Arina Smit @ +27 82 200 6400 or WhatsApp us at 0673381061