Advocates to judge for free

2003-03-11 21:42

Yvonne Beyers

Cape Town - A total of 18 senior advocates from the Cape Bar have expressed willingness to act as judges in the Cape High Court from April 7 on a pro bono (free of charge) basis.

The acting judges will hear appeal cases and reviews in the criminal courts to ease the backlog in criminal cases.

At least five extra courts in the High Court will be made available for this purpose every Friday until the end of the year.

Judge president John Hlope said on Tuesday that he had approached the Cape Bar for assistance after it became evident that the backlog in cases was growing by about 20 cases every month. "The High Court can handle about 60 of the approximately 80 appeal and review cases every month. If this problem is not addressed, it could lead to a crisis in the criminal justice system."

Advocate Frank Kahn, provincial director of prosecution, said this step would bring relief over the short term, but did not address the long term problem.

"The Bar cannot be depended upon to help the High Court out of trouble. We need a criminal justice system that works faster and more efficient. The only way to do this is to separate the criminal justice system and the civil system."

Kahn criticised the High Court earlier this week after deputy judge president Jeanette Traverso closed three of the 12 criminal courts because she claimed there were not enough judges.

Colonial practice

He suggested that judges no longer took a recess of six weeks and that criminal cases also be heard on Fridays. Only appeal and review cases are normally heard on Fridays.

Minister of Justice, Dr Penuell Maduna, launched an investigation into the recess practise two years ago when it came to light that the court only worked through 88 cases in a year. The practice of taking a six-week recess dates back to colonial times when judges travelled between Britain and the colonies by ship.

The Cape Bar rejected Kahn's suggestion to scrap the annual recess.

Advocate Anwar Albertus, chairperson of the council, said judges use this time to catch up on outstanding rulings and to do preparations. "The judges do not use recess as a holiday. There is a problem because there are not enough judges to handle criminal cases." Judge Gawie Fagan, judge inspector of prisons, said about 56 000 prisoners in the country were awaiting trial. This is nearly half of the total prisoner population in the country.

- Die Burger