The Portfolio Committee on Justice and Constitutional Development yesterday described the Verulam Magistrates Court as a safety and health hazard that needs urgent attention.
Committee Chairperson Mr Xola Nqola said some areas of the court have already been declared unsafe by the Department of Employment and Labour after parts of the ceiling caved in. This follows an unannounced visit to the court by the committee followed by a walkabout within the court building. Mr Nqola said the visit was informed by many reports received by the committee. “So, we wanted to verify these things. We wanted to see for ourselves in order to develop a report and an approach to attend to this,” added Mr Nqola.
During the walkabout the committee noted that some ceilings had collapsed, carpets were smelling and mouldy, and walls had cracks. “We can confirm that the court is in a dire state. There are some court rooms that do not operate because they have been declared unsafe by the Department of (Employment and) Labour. There are chambers and ablution facilities that are no longer in use because the Department of Labour has condemned them,” emphasised Mr Nqola.
The committee was accompanied on its visit by the Department of Public Works and Infrastructure (DPWI) and the Department of Justice and Constitutional Development. The committee was told that the ceiling collapsed due to insects eating at the trusses of wood in the roof. A plan will now be tabled to address the infrastructural problems, said Mr Nqola.
Mr Nqola said in the next six months, the new mobile facilities will be used as a temporary solution so that the court’s programme can proceed. The committee was informed that R70 million is needed to renovate the court, which will be funded by DPWI. A meeting between relevant departments is set to take place tomorrow to discuss the way forward. Mr Nqola said the committee wants a report on the outcomes of that meeting. He said the committee requires an urgent intervention, as the building is a safety hazard.
Earlier in the day, the committee visited the Durban Magistrates and High Court as well as The Point Family Court. The committee highlighted concerns over the lifts that do not work in a building of 12 floors. Mr Nqola said: “We cannot have courts starting later because magistrates, prosecutors, attorneys or the public were waiting for the lifts or even worse, get stuck in the lifts.”
Regarding the Durban High Court, which is currently housed in the magistrates court, the committee noted electricity, water supply and general maintenance problems that the court experiences. The actual high court building is under renovation, which is expected to be completed in November this year.
At The Point Family Court, the committee expressed satisfaction over the state-of-the-art facility and its modern design as well as the manner in which it has been maintained since 2021. Mr Nqola said: “We have a best practice model of what a court should look like. The important thing about this facility is that it is has been kept in the same condition as it was five years ago when we visited it.”
After the visit to the three courts, the committee engaged robustly with all the stakeholders. Committee Member Mr Sibonelo Nomvalo wanted to know the equity demographics of the staff employed at the courts. “There is that general notion or assertion that the Indian group is enjoying preference over any other race in Durban. They say, where you find an Indian boss, what you will get at the human capital is a dominance of Indians. In terms of the racial diversity, can you confidently tell us that you have been able to strike a balance? If it is a wrong perception, you should be able to clarify it to society,” elaborated Mr Nomvalo.
Another Committee Member, Mr Oscar Mathafa, had serious concerns about the state of the lifts at the Durban Magistrates Court and reaching the end of their 25-year lifespan. He also urged the necessity of preventative maintenance. “(Department of) Public Works, are your staff competent enough to manage service level agreements? Are your staff competent enough to manage contracts? The lifts don’t have to break down. Somebody must service them. How can we ensure that courts start on time when we are waiting of one single lift, or a magistrate is stuck in a lift?” he wanted to know.
Another Committee Member, Mr Tshiamo Tshotetsi, said every building started out as a beautiful building. “We need to devise a mechanism to ensure we treat this infrastructure differently to the ones that have dilapidated,” he said. This notion was supported by another member, Ms Mathibe Mahlala also emphasised maintenance to ensure facilities remain in good condition.
The oversight visit continues today with visits to the South African Human Rights Commission and the State Attorneys Offices.
Rajaa Azzakani
27 March 2025
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