No judgment on 90% of SA cases

2011-08-13 23:22

Johannesburg - Almost 90% of South Africa's courts have not delivered judgment on the cases before them, the SABC reported on Saturday.

Deputy Chief Justice of the Constitutional Court Dikgang Moseneke said the delay in the finalisation of the cases led to injustice.

Moseneke was delivering a keynote address at the annual conference of the South African chapter of the international association of women judges at the North West University.

About 300 judges, magistrates, attorneys and advocates attended the three day conference that would end on Sunday, the broadcaster reported.

  • Grant - 2011-08-13 23:29

    Then they should be in court, working. Not spending the tax payers money on conferences! I bet they did not miss out on 90% of the slap up lunch's etc on offer.

      The Wonderer - 2011-08-14 10:10

      Great example set in the UK just the other day, courts staying open over night to quickly deal with a thousand cases, WOW! Now if only OUR courts could follow that example and speed things up...

  • Bill - 2011-08-13 23:55


  • Vince York - 2011-08-14 00:09

    A statement so DIRE indicates that there IS NO LONGER JUSTICE nor proper law for the working man or land-owner or master! corroborated by the escalated anti-social politicized looting and rampant crime. The ruling regime has worked grandly on "impressions" many of which are false premises for far too long and International views are solidifying contra them these days.

  • Sas Kloppers - 2011-08-14 00:09

    Nice. That's what we get with this bloody failure of a constitution, giving criminals "rights".

      squeegeepilot - 2011-08-14 07:17

      If it wasn't for the constitution we would already be under a dictatorship. You would no longer be able to write these innane comments and there would be restrictions on information. We would not see Malema exposed, Zuma would .... Be grateful for the constitution - it also protects the innocent.

      Hugh - 2011-08-14 07:35

      Sorry to burst your bubble squeegee. At worst the constitution is a piece of paper that if honoured by all parties works. Internationally, the ANC cannot let itself be seen as the aggressor nor anyway like the government they replaced. I say Yet, time is running out. That said the last timje I did a count the government has tried [ court arguement ] or has ignored the constitution or court rulings 112 times since 1994. Most of which do not affect us directly but are weak links that may be exploited later in another form of ANC. Now tell me this piece of paper you hold dear will protect you and yours.

  • k.jonker - 2011-08-14 00:16

    Magistrates do 90% of the work have less benefits than a public servant and have no labour public servant gets 4 months maternity leave a magistrate 3 ,family responsibility leave does not exist for magistrates.the difference in % between magistrates and judges salaries have increased.So dear judge until you work in the same conditions as i do . in an office with broken furniture no aircon or heater,with absent administrative support.when you have to borrow a lap top to work on judgements on weekends,when you are expected to spend 5 hours in court a day and are then expected to deliver well researched and sound judgments.When you have no secretarial assistance .when your children attend the same schools as the community whose cases you preside over. where despite being a public office bearer you are denied the same pension fund car scheme,medical aid benefits and basic conditions of service that all other office bearers are entitled to.Until then i do not accept your critism of my work.There are 1800 magistrates serving a population of 47 million we are at the coal face every day so one would think that we should atleast have some say in how things should run. until then.................

      crackerr - 2011-08-14 01:12

      You are in effect saying that you will not give a proper account of yourself and your duties until your grudges are attended to. To hell in other words with the public and parties caught up in the legal processes. Magistrates used to listen to the evidence and arguments and immediately gave their judgments and reasons. It was seldom necessary for them to spend extra time on thinking out reasons and decisions. THOSE WERE REAL MAGISTRATES. THEY KNEW THE LAW AND COULD REASON THEIR WAY THROUGH THE FACTS AND LAW WITHOUT HESITATION. VERBALLY IN OPEN COURT FOR ALL TO WITNESS. The same applied to legal representatives. They did not habitually require long adjournments to file arguments. They stood up and immediately presented argument. The magistrate listened, considered and gave his/her reasoned judgment. Sometimes one hears the accusation of longing back to the days of you know what. It is almost beyond belief what this country has been allowed to deteriorate to.

      squeegeepilot - 2011-08-14 07:21

      crackerr, which tree did you fall out of? Your Utopia never existed. Nostalgia blinds you to the truth. Think before you write. Lets see you operate in a world of lost dockets, scaly defense lawyers and corrupt police.

      Hugh - 2011-08-14 07:42

      Tell me what were the benefits prior to 1994. In those days we did what we did because it was an honour and some to gain court experience. NOT MONEY or time spent working. The fact that we worked for government meant that we had an employer who would always pay and never go insolvent. Housing benefits were great too.

      spencerc777 - 2011-08-14 10:54

      I cannot begin to imagine your frustrations K.Jonker. Is there light at the end of the tunnel ...has the light all but gone out? Lord have mercy ...or is that aslo at its end?

  • braamc - 2011-08-14 01:55

    Like everything else, nothing functions. R1000 bail, drug smuggler, appeal, gets a salary. They never go to jail. So called not enough evidence, conspiracy. These filthy ANC criminals anyhow above the law. Absolute joke. This country will burn, the people must toy toy, destroy, because government is looking for it.

  • jockvanwyk - 2011-08-14 04:27

    the countries legal system is a disgrace and a joke

      Netherlands - 2011-08-14 05:30

      Look who's RUNNING (sic) the Country!!!!!!!!! Who's JEFF RADEBE????? Will you buy a USED CAR from him?????? ALOOTING CONTINUA!!!!!!!!!!!!!!!

  • AJ - 2011-08-14 05:04

    The legal system is obviously an industry built around maximising the amount of hours a lawyer is required to be involved, as opposed to delivering justice in the quickest possible time. More people have access to private medical aid than access to the judiciary, if one thinks about it carefully in real terms

  • NO MORE - 2011-08-14 05:30

    No new surprises here!

  • croix - 2011-08-14 06:15

    This fact is at the CORE of SA's crime situation, specifically planned and implemented to 'disable Justice' - to allow a free hand at the gravy table. Thank you Jacob - it's squarely laid at your door!

  • pitbull - 2011-08-14 07:06

    So what else is new? South Africa is the one country where all the innocent people live in houses with bars on the windows and behind high electrified walls and the criminals run free.

      braamc - 2011-08-14 09:33

      Exactly, you are a terrorist in your own country.

  • Hugh - 2011-08-14 07:24

    transformation at its best. At worsed 20 years ago one would wait four to six weeks for a judgment today it take up to a year for a straight forward case.

  • Kevin - 2011-08-14 08:10

    Look at the Brits . They have courts running 24 hours a day to jail there thugs.That is working. Why can we not learn and get more of our thugs into jail faster and for longer.

      Andy - 2011-08-14 16:39

      The jails are full

  • BnQE - 2011-08-14 08:11

    You wrote this article like you were almost proud of the issue - don't we have enough criminals in SA or do we need to attract more???

  • Rhowen - 2011-08-14 08:21

    Make them work retail hours to sort this mess out. Let them earn our money.

  • dagwood4455 - 2011-08-14 08:29

    Welcome to Africa! Which govt dept is not in shambals? All of them have got similar stories, and that is only 17 years since 1994. In another 17 years this place will be a total banana republic, thanks to the ANC's idiotic policies.

  • bensid - 2011-08-14 08:53

    So thats how why Zuma escaped prison

  • vlughond4 - 2011-08-14 09:39

    Crackerr-it had a name. APARTHEID.

  • crackerr - 2011-08-14 09:42

    @ squeegeepilot I know what I'm talking about. As for the magistrate who commented, I suggest you read the comment again to get a sense of the reasons for some of the problems besetting us and the legal system.

  • crackerr - 2011-08-14 09:44

    @ squeegeepilot On the scaly lawyers issue. It is suggested that decisions be based on the facts and legal questions in front of the magistrate. Leave the scaliness of the lawyers out of the decision process. The scaly lawyers can take the matter further if they wish.

  • vlughond4 - 2011-08-14 09:45

    Crackerr, You are correct of course-just that political correctness has blinded everyone. Call it like it is. If it walks like a duck and quacks like a's a duck. Don't hide behind nuances-call it by it's name repulsive as it may be. South Africa-face your demons.

  • gatvol4corru - 2011-08-14 09:48

    Pure incompetantcy in 90% of those cases! Bribery,corruption -- viva ANC

  • embargo - 2011-08-14 10:25

    To the magistrates and judges sitting, they do their job! A highly stressful one too I will add thus promoting a 5 hour work day. Their workload: a reported 300 000 reported cases of fraud (during 2005), how many house break-ins, driving under the influence, etc.? A sizable amount of work by my reconing! It's the cases which have an assigned date to be heard or continue hearing which don't find their way onto the role that's a contributor plus matters being determined 'civil' when the docket being referred to is totally unrelated to the matter. And how will the average, trusting victim know that when the docket being referrenced merely states a number? Lost dockets and more often than not, conveniently misplaced meaning the case doesn't even reach the appropriate court for it to be added to the 90%. Add them into the equation and let's see if 90% is adequate a reflection of fact?

  • pat.pugheparry - 2011-08-14 11:40

    This is pathetic. Why bother starting the process at all. The lawyers get richer and the judges have salaries for life. What is the incentive to do a job properly?

  • letsee - 2011-08-14 13:44

    South Africa is a country of incompetents in any world atandard, Zuma is President as he wanted but doesn't know what's going on and Malema is exploiting it. Viva Malema, I'm with you for you are the only one with brains and guts.

  • Daan - 2011-08-14 19:13

    What is the use of having courts at all?

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