South Africa's legal system is experiencing significant case backlogs, resulting in prolonged waits for trial dates. Some accused individuals have received trial dates scheduled up to four years in the future. This situation has led to concerns regarding the principle of justice being delivered in a timely manner, particularly within a country characterized by high crime rates. The office of the auditor-general reported a waiting list of approximately 37,000 cases, while the justice department suggests the figure could approach 100,000.
Jason Pretorius has reported waiting over two years for the trial of the individual accused in the death of his mother, Charlene Pretorius. Ms. Pretorius died in May 2023 from injuries sustained after being set alight in her car, an incident police allege was gender-based violence. The accused has been in custody for two years. Mr. Pretorius has cited emotional and financial impacts resulting from the trial delays, which he states hinder the family's ability to achieve closure. The postponements have been attributed to various factors, including missing reports, incomplete investigations, unavailable judges, and administrative delays.
A primary factor contributing to these delays is staffing shortages within the judiciary. South Africa has an estimated 250 judges serving a population exceeding 60 million, translating to approximately four judges per million people. This contrasts with figures from other nations, such as India, which has around 15 judges per million, and many European countries reporting over 200 judges per million.
Another example of extended delays is the murder case of national footballer Senzo Meyiwa, who was killed in 2014. Despite extensive resources allocated to the investigation, the case remains unresolved more than a decade later. The trial has encountered challenges, including changes in judges and legal teams, along with allegations of investigative mismanagement by police. The head of the public prosecutor's office, Advocate Shamila Bahoti, has indicated that internal conflicts within the police force affected the investigation over time.
Government officials acknowledge the issue, stating that reforms are in progress. Lucky Mohalaba, head of court administration, acknowledged the need for quicker processing of cases and announced plans to hire more magistrates and potentially extend working hours. Organizations such as Action Society, which provides support to victims, contend that the justice system is failing individuals. A spokesperson for the group, Juanita du Preez, highlighted a reported 90% re-offender rate in South Africa, suggesting that systemic delays exacerbate a cycle of re-offending and erode public trust in the legal and governmental institutions.