What played out inside the Wynberg magistrate’s court this week is another blight on the country’s criminal justice system and how judicial technocrats and their political principals manage it.
A 40-year-old man accused of murder was gunned down in cold blood by his assailants inside the court building while waiting to make his court appearance on Tuesday.
This was not the first time that the Wynberg magistrate’s court was the scene of a violent and deadly crime. Another witness was shot outside the same court two years ago after making an appearance in a murder-related case.
But the mafia-movie style killing of murder accused taxi driver Dingalamaya Chintso, who was shot four times at point blank range inside the court building, raises serious questions about the lax security at our courts and how this is a risk to the effective administration of justice.
It’s astounding that a man or woman breached security and entered the court with a gun, a building under police and private security guard, and committed a deadly crime and walked out undetected.
This happened because incompetent court managers and their political heads did not care enough, if at all, to ensure that defective metal detectors and hand-held scanners were promptly replaced.
So sloppy is the security at the court that those walking in are simply patted down by hand before being allowed entry, as the body-searching devices remain dysfunctional.
Disillusioned court officials this week spoke of how they’ve had no choice but to get used to working under such risky conditions, which is simply untenable and unacceptable.
“It’s a daily occurrence, it’s just that somebody died today,” said a senior court official speaking on condition of anonymity.
Veteran criminal attorney and chairperson of the South African Law Society’s criminal law committee, William Booth, said what took place in Wynberg this week was just a case study of the security situation in the magistrate's courts across the country.
Such laxity does not inspire confidence in the criminal justice system that already has a societal credibility deficit
For her part, justice and constitutional development minister Mmamoloko Kubayi has undertaken to mount a probe into the Wynberg court security breaches.
Kubayi has also committed to convening a meeting with all of the heads of courts across the country to discuss the state of security at all judicial chambers.
All of those are commendable, minister Kubayi, but it is an indictment on the leadership of the courts and yours too that it had to take a loss of life for you to reach that point.
Such laxity does not inspire confidence in the criminal justice system that already has a societal credibility deficit. How are witnesses expected to remain keen to appear before a court to testify against marauding gangsters under these scary conditions? What about the safety of magistrates, prosecutors and lawyers, who may just be the next targets?
It’s a dire and deadly situation that warrants your swift resolution, minister, what with the hundreds of millions of rand spent on court security tenders.
The country’s courts deserve the same tight security as that enjoyed by politicians in parliament, the provincial legislatures and municipal councils.
For opinion and analysis consideration, e-mail Opinions@timeslive.co.za
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