UPDATE ON YESTERDAY’S RELEASE
JUSTICE SYSTEMIC DYSFUNCTION DEMANDS URGENT REFORM
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ANOTHER MISSED SCHOOL TEST, ANOTHER POSTPONEMENT, ANOTHER DISTRAUGHT MOTHER: SYSTEMIC DYSFUNCTION DEMANDS URGENT REFORM
September 4, 2024 – The Alexandra Magistrates Court has once again failed a young victim and his family. Since March 2021, N and his family have been locked in a battle for justice against their neighbor, a school transport driver, who assaulted and raped N when he was just 5 years old.
Despite numerous delays and a change in prosecution due to complaints of indifference and hostility, today’s proceedings were postponed yet again. This time, the excuse was the prosecutor was on leave.
With the victim’s older brother ready to testify, having taken a day off from exams, the case was rescheduled to October 22, 2024, further prolonging the family’s ordeal.
The reason for the postponement was foreseeable and they did not have the courtesy to contact the family. Clearly showing the system is not victim centric.
The justice system, instead of providing relief, has become another source of distress for this family. N’s mother, who has faced harassment from the perpetrator, was left in limbo once again as her hopes for justice were dashed by yet another delay.
In our other case which is in court tomorrow, A, now 14, has been trapped in a cycle of trauma since her assault six years ago by an SAPS Forensic officer. Her case has seen over 20 postponements. On August 22, 2024, her testimony was delayed once more due to faulty court equipment.
Her case has been postponed to September 5, 2024, at the Protea Magistrate’s Court in Soweto, leaving her devastated and justice further out of reach.
PROTECTING OUR CHILDREN SHOULD BE A PRIORITY, NOT AN AFTERTHOUGHT. The justice system is not just failing; it is negligently and actively retraumatizing those it is supposed to protect. When a child’s day in court is delayed, their hope for closure is pushed further away. The repeated postponements, malfunctioning equipment, and indifferent attitudes within our legal system are not just bureaucratic failures—they are acts of injustice.
WMACA’S STAND: NO MORE DELAYS, NO MORE EXCUSES.
Women and Men Against Child Abuse (WMACA) has had enough of these systemic failures. We demand that the Department of Justice and the Department of Public Works take immediate action. The lack of functional case management systems in 37 of 38 magistrates’ courts, as per the Public Protector’s recent report, is unacceptable.
The poor maintenance of court facilities, which are supposed to be sanctuaries of justice, must be addressed immediately.
VICTIM-CENTRIC REFORMS ARE NOT OPTIONAL — THEY ARE ESSENTIAL WMACA is calling for the implementation of victim-centric and survivor-friendly processes across all magistrates’ courts. This is not just about speeding up cases; it’s about treating victims with the dignity and respect they deserve. Every day of delay is another day that a child suffers. We cannot allow the legal system to be manipulated by perpetrators and their defense attorneys at the expense of justice for victims.
JOIN WMACA IN THE FIGHT FOR JUSTICE. We urge the public, legal professionals, and lawmakers to join us in demanding the urgent reforms needed to protect our children. The time for complacency is over. We must hold our government accountable and ensure that the justice system serves the victims, not the perpetrators.
Every day that passes without action is another day that justice is denied. Let’s not wait for another child to suffer before we demand change.
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Please consider sending a journalist or representative to the court appearance on the 5th of September as mentioned above, to get first-hand experience with the inefficiencies of the magistrates’ courts.
Thank you for considering this important issue.
For further comment, please contact:
Luke Lamprecht: 065 168 2971
