Department of Justice and Constitutional Development
The justice minister, Jeff Radebe, has outlined measures taken to reduce the number of case backlogs in the South African criminal justice system (CJS).
He provided the information during a written reply to a parliamentary question.
The minister emphasised that “substantial progress” had been made in terms of the implementation of the seven-point plan. The plan arose out of the criminal justice system review process initiated in 2008.
Some of the areas in which progress has been attained include improved coordination across the CJS, improvement of court processes and development of various protocols designed to improve access to justice services.
Specific developments include:
• Court screening protocol –trial readiness of cases
• Court protocol focused on efficiencies in the trial phase under consideration
• Court protocol for legal aid cases approved
• Mental observation protocol being finalised
• Protocol on service requirements and procedures for forensic chemistry laboratories developed
• Protocol to deal with bail conditions under consideration
• Monthly monitoring of overcrowding in correctional facilities
• Protocol on foreign national remand detainees and persons detained for deportation under consideration in the justice, crime prevention and security cluster
The minister indicated that the target is to reduce the number of backlog cases to 38 414 cases by 2014. This would register a 10% reduction from the 2008/9 baseline.
The minister also recounted some of the contributory factors to backlogs:
• Capacity constraints- insufficient numbers of skilled detectives, court clerks, court managers, interpreters, prosecutors, legal aid representatives and presiding officers
• Poor police investigations
• Capacity constraints within the national prosecuting authority
• Slow turnaround time in filling vacant magistrate posts
• High workload for civil courts, family courts and high courts
• Inadequate coordination around case flow management
According to the minister, a task team was set up by the chief justice to address case delays and backlogs.
The case backlog reduction project was also still in operation.
Reference was also made to the recent access to justice conference where key resolutions were taken to reduce backlogs.
Sabinet Cape Town Office
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