Errant Magistrates - Justice Department must assist Magistrates Commission

Today's revelations in the Sunday Times of the extent of criminality and other undesirable behaviour among magistrates indicates a number of problems (see here).

Firstly, it is extremely worrying that people who occupy these vital positions in the criminal justice system engage in behaviour such as sexual harassment, assault, theft and attempted murder. It is shocking that they then continue to occupy their positions as judicial officers after having done so. We have to wonder what kind of justice will be meted out by people who seem to have no idea of what constitutes acceptable behaviour.

Secondly, the length of time it takes to investigate these magistrates needs to be urgently addressed. It is correctly reported that this has been raised by the Justice Portfolio Committee. The Magistrates' Commission Ethics Division, which conducts these investigations, has in the last year doubled its staff complement from 2 to 4, but this is still hopelessly too few for the amount of work that has to be done, especially in the light of the increasing number of complaints received this year. The Commission has performed extremely well given the few staff it has to do this work.

The Justice Department has indicated a reluctance to employ more full-time staff, in view of the restructuring of the courts to fall under the administration of the Chief Justice. However, we urge them to reconsider in the light of the increasing number of complaints. The restructuring of the magistrates courts will not be done quickly, and we cannot afford to wait that long to address this problem. The legislation will not even serve before Parliament before next year's elections.

Instead of wasting R10 million on a study of court judgments, the money would be well spent on employing more staff to assist in processing these complaints quickly. They will be needed in any event after the court restructuring.

I shall accordingly write to the Deputy Minister of Justice, who also serves on the Magistrates Commission, and ask that he give urgent attention to ensuring that the Commission functions optimally and acquires the staff they need.

If magistrates who engage in this kind of behaviour are allowed to continue sitting on the bench, it discredits the justice system in the public mind, and also tarnishes the image of the many other magistrates who conduct themselves properly and strive to ensure that justice is meted out every day.

A functioning and credible justice system is essential to promote confidence in our country, and it is in all of our interests that this issue is addressed.

Statement issued by Debbie Schafer MP, DA Shadow Deputy Minister of Justice and Constitutional Development, September 1 2013

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