In Cape Town, a collective of crime activists, court observers, and aggrieved families are raising their voices, advocating for swifter judicial processes as cases drag on for over a decade.
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This month marks a pivotal moment for the family of Miscah Fakier, a 44-year-old from Hout Bay. After enduring six years of anticipation, they cling to hope that justice will at last prevail as the individuals accused of her murder face the judgment of the Wynberg Regional Court.
Fakier’s case is emblematic of a larger systemic issue plaguing courtrooms across the Western Cape. Numerous trials, like hers, have languished for years on court dockets, ensnared in a web of delays stemming from a myriad of challenges. From the accumulation of evidence backlogs to the erratic presence of judicial personnel, incarcerated individuals, and defendants, to the fluidity of defence representation, administrative hurdles have obstructed the path to resolution.
The recent findings from the Western Cape Department of Police Oversight and Community Safety’s Court Watching Briefs unit underscore the severity of the situation. During the third quarter spanning October to December 2023, the unit monitored a staggering 265 cases across ten courts, which collectively oversee 35 SAPS stations throughout the province. Alarmingly, every single one of these cases was expunged from the court docket, attributing the purge to systemic inefficiencies within law enforcement agencies.
The mounting pressures on the judicial system extend beyond procedural inefficiencies. In a parliamentary inquiry last year, concerns over DNA backlogs came to the fore. With an alarming tally of 55 891 DNA case entries and a backlog of 636, the backlog serves as a stark indicator of the strain gripping the criminal justice apparatus.
Elridge du Plessis, alongside his relative Denzel du Plessis, stood before the court on 26 April, awaiting their fate as they learned that judgment day was set for 24 May.
Magistrate Karel Meyer assured a thorough deliberation, drawing from precedents established in prior cases.
The chilling details of Fakier’s ordeal captured public attention back in January 2018 when she fell victim to a horrifying attack, being drenched in petrol and set ablaze by her assailants.
The prosecution is determined to establish that Du Plessis meticulously planned the murder, purportedly over allegations of drug theft by Fakier. Following a brutal assault that left Fakier hospitalised, she bravely identified her attackers before succumbing to her injuries.
Fadwah Vardien, a relative of Fakier who has faithfully attended court proceedings, voices the anguish experienced by secondary victims due to the protracted delay in justice. Recounting six years of emotional turmoil, Vardien laments the ordeal of enduring testimony and procedural setbacks, feeling as though the family itself was under trial.
‘We were never provided with adequate explanations for the prolonged delay,’ she expressed. ‘How can a trial extend over six years? Now, as the verdict approaches, we demand justice. Fakier’s eldest son, who was merely 11 at the time of her death, is now 17, seeking answers.’
Eric Ntabazalila of the National Prosecuting Authority (NPA) attributes the delay in Du Plessis’ case to changes in legal representation. Despite the closure of both prosecution and defence cases, the accused’s alteration of legal counsel necessitated further postponements. The case is now slated for judgment on 24 May 2024, at Wynberg Magistrates Court B.
Linda Jones, an activist and member of the Mitchells Plain United Residents Association, echoes the call for expedited trials. Highlighting the staggering 15-year duration of the Cytheria Rex case at the Blue Downs Regional Court, which witnessed over 110 postponements and the demise of both accused individuals during the trial, Jones emphasises the urgent need for swifter legal proceedings.
At the Mitchells Plain Regional Court, Corrine Jackson has been embroiled in a legal battle for eight years, accused of the murder of her girlfriend. Similarly, Donovan Titus finds himself in a protracted legal ordeal, facing accusations of his wife Candice Titus’s murder for nine years.
Linda Jones, voicing the exasperation shared by many, points to the prolonged trials at their courthouse as emblematic of a larger issue plaguing the Western Cape. She cites the case of Donovan Titus, spanning nine years, and Corrine Jackson’s eight-year trial, as stark examples. The families of the victims are denied closure, with the grandmother of one victim lamenting the injustice of not living to see resolution.
Advocating for swifter legal proceedings, Jones urges action from the Magistrates Commission to ensure expeditious trials, aligning with the legal principle of a speedy trial for the accused.
Terence Grant offers a nuanced perspective, acknowledging the complexities inherent in both shorter and lengthier trials. While shorter trials could expedite justice and combat corruption by swiftly removing guilty parties from positions of power, they may also impact defence attorneys’ earnings, potentially influencing their commitment to the case. Grant suggests that the government might need to reconsider compensation structures to retain skilled legal professionals within the public sector.
Siya Monakali, representing IIitha Labantu, expresses grave concern over the persistent backlog of gender-based violence (GBV) cases in the courts. Despite legislative efforts aimed at prioritising GBV cases, Monakali underscores the urgent need for these cases to receive the attention and sensitivity they deserve, emphasising the paramount importance of expediting justice for victims of this pervasive and dehumanising form of violence.
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