One in three magistrates threatened or harmed due to their work: survey

One-third of magistrates were threatened or harmed in 2021/2022, with some reporting they have experienced such threats “a few times”.

The Democratic Governance and Rights Unit (DGRU) at the University of Cape Town’s law faculty has released some findings of its second magistrates' perception survey on their work conditions.

Unlike the 2019 survey, which sampled 165 magistrates, the 2022 survey included 230, or 13%, of South Africa's 1,726 magistrates.

The survey sought to capture the nature of threats to magistrates by asking about actual harm or threats they experienced between October 2021 and October 2022.

Almost 23% of magistrates said they were personally threatened or harmed “once or twice” because of their work, DGRU researcher Mbekezeli Benjamin said.

“A further 10% said this happened a ‘few times’. These two figures combined means a third had been threatened or harmed in the past year. In the Western Cape, this was 39% (four in 10). Such a degree of direct harm and threat of magistrates is of serious concern as it threatens judicial independence and the rule of law,” Benjamin told TimesLIVE.

A large number of reported threats related to the outcome of a matter the magistrate was presiding over.

A magistrate in Ulundi, KwaZulu-Natal, reportedly received death threats from a minibus taxi association for denying bail to some of their members and colleagues, Benjamin said.

“Others have been threatened when they have gang-related cases before them in court. Most threats are people who appeared in criminal courts in front of the magistrate and issue some form of threat based on the outcome of the court proceedings, usually when it is against them,” he said.

The 2019 survey found 44% of the 165 respondents received threats or were harmed.

The province with the most reported threats was Limpopo, where 64% of magistrates reported being threatened, followed by 55% in the Western Cape. The Eastern Cape and KwaZulu-Natal reported the lowest, at 38% and 37% respectively.

The survey found it was magistrates who presided over civil cases who received the most threats, followed by those overseeing criminal cases. Those who dealt with both civil and criminal cases were less likely to have been threatened before as they were younger.

Benjamin said some of the threats ended up at the Magistrates’ Commission, where magistrates asked to be transferred to other courts for safety reasons. The approval of such transfers depended on several factors, including whether the magistrate reported the threats to law enforcement agencies.

A recent case involved a magistrate in the Western Cape based in a Karoo town who wanted to return to the coast to be closer to family in his hometown after he and his family were threatened.

“In this case, the magistrate had not approached the police about the threats and the Magistrates' Commission declined the application for transfer.

“Another Western Cape magistrate, based in Khayelitsha, requested a transfer elsewhere because she was threatened and that transfer was granted.”

The full 2022 research report, with complete survey data and analysis, will be launched on January 31 at the UCT law faculty.

TimesLIVE