Question NW1878 to the Minister of Justice and Correctional Services:

Reply:

a) According to our records, the number and percentage of backlog cases in the District and Regional Magistrates’ Courts as at the end of July 2020. It is to be noted that the total percentage (%) of backlog cases in the District Courts stands at 39% whereas the percentage in the Regional Courts stands at 75%.

The tables below provide details of the cases on the court roll exceeding nine (9) months from end of July 2020 in District and Regional Courts:

District Courts
Admin Region	Backlog	Outstanding	% Backlog
Administrative Region 05 (Gauteng) Pretoria	8 44	2 537	33%
Administrative Region 05A (Gauteng) Johannesburg	7229	20 546	35%
Administrative Region 08 (Mpumalanga) Nelspruit	3 336	9 608	35%
Administrative Region 09 (North West) Mmabatho	2 955	7 204	41%
Administrative Region 1 (Eastern Cape A) Port Elizabeth	7 133	15 513	46%
Administrative Region 10 (Northern Cape) Kimberley	1 178	3 988	30%
Administrative Region 11 (Limpopo) Polokwane	4 719	11 986	39%
Administrative Region 12 (Western Cape A) Cape Town	6 124	12 300	50%
Administrative Region 13 (Western Cape B) Wynberg	8 599	18 699	46%
Administrative Region 2 (Eastern Cape B) Mthatha	3 730	7 786	48%
Administrative Region 3 (Free State A) Bloemfontein	1 412	4 578	31%
Administrative Region 4 (Free State B) Welkom	830	3 780	22%
Administrative Region 6 (KwaZulu Natal A) Durban	5 430	17 314	31%
Administrative Region 7 (KwaZulu Natal B) Pietermaritzburg	2 439	7 991	31%
Grand Total	55 958	143 830	39%

Regional Courts
Region	Backlog	Open	% Backlog
Eastern Cape	5 172	6 135	84%
Free State	1 827	2 881	63%
Gauteng	7 233	11 525	63%
KwaZulu Natal	5 103	6 415	80%
Limpopo	2 563	3 067	84%
Mpumalanga	2 424	3 042	80%
North West	2 698	3 155	86%
Northern Cape	1 014	1 516	67%
Western Cape	6 661	8 342	80%
Grand Total	34 695	46 078	75%

b) The Covid-19 context has posed many challenges for court efficiency with 268 courts having to close down, as at end of July 2020, for days at a time for decontamination when one (1) or more positive COVID-19 cases are detected, leading to self-isolation and/or self–quarantine for a period of time. Due to an increase in the number of positive COVID-19 cases, some of the courts had to close more than once. The same challenges are being equally experienced by the National Prosecuting Authority (NPA), South African Police Service (SAPS) and Legal Aid South Africa (SA). It must be understood that ‘business as usual’ has not been possible since the declaration of the State of Disaster due to the Covid-19 pandemic. However, the Department has sought to optimize court efficiency in order to reduce the number of backlog criminal cases. Engagements with the Lower Court Judicial Forums, Regional Court Heads, NPA, Legal Aid SA, SAPS, and Department of Correctional Services have taken place to identify and resolve blockages impeding the processing of criminal cases. These engagements have been formalized under the leadership of the Deputy Minister of Justice and Constitutional Development, and will continue to take place on a frequent basis.

Projects are underway to facilitate court processes through digitalization, and many of these are at a developed stage which will soon proceed to roll-out. Protocols have been developed to ensure that courts operate as optimally as possible in the current Covid-19 context, and these include guidance on when and for how long court closures should take place.

A national plan to manage these backlogs is in the process of being developed in order to address the backlog.