Judicial safety crisis: Threats against magistrates undermining justice
Western Cape magistrates marched to Parliament recently where they presented a memorandum demanding judicial reforms. Among the issues that have been raised is the safety of judicial officers.
Image: Armand Hough / Independent Newspapers
The threats and intimidation directed at judicial officers are undermining the justice system and putting the lives of magistrates at risk
This is the view of organisations representing judges after three magistrates were threatened by suspects for doing their job.
The magistrates described the situation as dire, calling for protection in and out of the court room as they handle 95% of the legal court work.
The nature of the threats faced by magistrates include a suspect gesturing to slit the throat of a magistrate, a magistrate being attacked inside the court room, and shootings outside courts.
A report tabled before the select committee on Justice and Constitutional Development revealed that there has been an increase in reported attacks and threats to the judiciary.
It said common threats identified include pre-meditated assassinations, violent attacks, kidnapping, anonymous calls and messages, loitering in courts with intent to harm, stalking, death threats, disruption of court proceedings and physical assault.
Mbekezeli Benjamin of Judges Matter, a watchdog group for the judiciary, said they have urged the Department of Justice to intervene and improve the security of magistrates or the accused persons will never face justice.
“In 2022, we ran a survey speaking to different magistrates across the country, and of the 167 we interviewed, a third of them revealed that they have been threatened once or twice while in the course of their jobs,” he said.
“We are currently rerunning that survey and we expect the results in January next year, but the indication is that magistrates are indeed concerned about their safety.”
He said there have been several incidents that have raised concerns, one of them happened a few weeks ago in Esikhawini, KwaZulu-Natal where a magistrate was attacked by an accused with a sharp object.
“A person who had been convicted of attempted murder — this person had beaten a police officer so severely that he was charged with attempted murder — attacked a magistrate inside the court. The magistrate was not hurt but this person proceeded to damage the court building,” said Benjamin.
Benjamin said the situation is so bad that magistrates have requested transfers out of the areas they are working due to concern for their safety.
“In one case, a magistrate in KwaZulu-Natal asked to be transferred out of the province. That magistrate was dealing with many cases that included taxi violence and murder for hire. He was fearful and he left the province,” said Benjamin.
He said another case was in Limpopo where the magistrate had been in that town for many years and dealt with so many cases to the extent that she would be out shopping and would run into people that have appeared before her court as defendants.
“We have asked the justice system to ensure that it boosts the security of the courts because if, for instance, like in KZN, the magistrates feel unsafe, it means the people involved in the taxi killings who are hitmen will never face justice,” he said.
A magistrate in Durban said the situation was dire and magistrates were placed in serious danger.
“Magistrates deal with 95% of the court work, we sift through all the important issues that concern someone's liberty, we deal with the issue of bail. By the time the matter gets to the high court, all those issues have been addressed and yet we are not provided with the same level of security as provided to the High Court judges.”
He said they believe the magistrates are being neglected, which is a serious threat to the work they do.
“A point of this neglect and compromise of the magistrates starts with remuneration. There are magistrates who are so poorly paid that they live in areas where there is high crime and essentially the people they live with are appearing before them.
“The situation gets worse regarding court buildings. Violent criminals have access to your office because there is no security. The security is at the gate of the courthouse. There are courtrooms where the magistrate shares a toilet with the accused person. ”
The Department of Justice and Constitutional Development said it is aware of the concerns regarding threats directed at magistrates and has been proactively responding to reported threats involving both Judges and Magistrates.
“These incidents have been managed swiftly through established security protocols in collaboration with law enforcement. No member of the judiciary has stepped down due to safety concerns, reflecting the effectiveness of current protection measures.
“The Department continues to strengthen support through enhanced security arrangements, improved reporting mechanisms, and ongoing awareness initiatives. We remain committed to ensuring a safe and enabling environment for the judiciary and maintaining uninterrupted access to justice,” it said.