That was the feeling of the Portfolio Committee on Justice and Constitutional Development when it conducted an oversight visit to the court in KwaZulu-Natal yesterday. The committee also criticised the six-year delay in renovating the court buildings, which have effectively denied justice to the people living in the area.
Committee Chairperson Mr Xola Nqola, said: “It is concerning what we heard that some of the matters must now be heard in the Chatsworth Magistrate’s Court, which is 30 kilometres away, forcing the people to travel a long distance to get access to justice. It is totally unacceptable.”
The committee is currently on a week-long oversight programme in KZN. The committee plans to visit the provincial office of the Public Protector and the South African Human Rights Commission (SAHRC). Mr Nqola said the committee has received numerous complaints about the SAHRC in the province. The committee invited the SAHRC Commissioner to respond to the complaints, which include allegations about a toxic work environment. The committee resolved to meet with staff members to gain a deeper understanding of the complaints.
At the start of the site inspection at the Umlazi Magistrate’s Court, the committee came across three unused mobile offices on the periphery of the court precinct. Two of the mobile offices were full of rubbish and a third is used to store old files that apparently relate to estate matters, although this was not confirmed by officials.
At the entrance of the court building, the committee noted that the scanning machine to check bags was not working. Mr Nqola said this is a safety hazard, as dangerous objects can be smuggled into the court without detection. The committee also heard that only one regional court operates at the Umlazi Magistrate’s Court due to the renovations. The two other regional courts have had to move to Chatsworth Magistrate’s Court. The court building has 62 offices.
Committee Member Mr Oscar Mathafa could not believe that the renovations were scheduled to be completed in 2019. “So, for six years you have not been servicing this constituency? And for a year now there has been a complete stoppage? It is unbelievable,” he said.
The committee also heard that accused people and witnesses must take two taxis to reach Chatsworth Magistrate’s court.
The committee also expressed its dissatisfaction that victims and alleged perpetrations share the passage ways. “We heard how a court hearing had to be postponed last week because the victim met the accused in the passage. It is totally unacceptable. She was highly distraught that she had to use the same door as the accused. This is a secondary trauma for the victim, as she could not even testify and the case had to be postponed,” said Mr Nqola.
He said the committee took serious exception to the delay, which (according to the briefing the committee received) is due to a lack of funding from the Department of Public Works and Infrastructure (DPWI). Two of the contractors present during the visit said they are owed R3 million and R1.1 million respectively.
Notwithstanding claims about lack of funding, the DPWI told the committee that it has more than R59 million from its capital work with less than a week remaining in this financial year to finish that money. In response to that Mr Nqola said, “So, our people are denied access to courts and justice, but you still have funds that you did not spend. How is it possible that these funds could not be used for this court project?”
The committee also visited the Umlazi Thuthuzela Care Centre, which the committee said is a best-practice model. Mr Nqola said: “Everything that must be in place for the centre to work and help victims is in place. We note that forensic nurses are required at the centre and that officials want to make a difference in the lives of survivors.”
The oversight visit continues today to the Chatsworth Magistrate’s Court and the Master’s Office.
Rajaa Azzakani
25 March 2025
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