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Dying to be heard — gloomy picture of the slow pace of South African courts

Dying to be heard — gloomy picture of the slow pace of South African courts
Sithuthukile Mkhize and Mazi Choshane
By Sithuthukile Mkhize and Mazi Choshane
9 Apr 2025
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When cases are left to linger indefinitely, lives are destroyed — not because people have been found guilty, but because the process itself becomes the punishment. The old saying holds — justice delayed is justice denied.

South Africa’s judicial system is notorious for its delays. Civil cases drag on for years, criminal trials stall indefinitely, leaving ordinary people suffering the consequences of a slow-moving system that is meant to deliver justice.

In an attempt to respond to this crisis, Judge President of the Gauteng Division of the High Court Dunstan Mlambo recently issued a draft directive making private mediation mandatory for civil cases before they go to trial.

Despite concerns with the proposed mediation process, the judge president seeks to reduce the heavy backlog of civil trials in Gauteng’s superior courts. 

However, while the high court seeks to address delays through alternative dispute resolution, what about the lower courts, in particular magistrates’ courts, where the backlogs are even worse?

Lower courts are the most accessible to members of the public due to their jurisdiction, and resultantly the more commonly used courts. Lower courts therefore require more administrative attention to address the often unnecessary delays that bear an impact on the wheels of justice in South Africa.

If we are serious about ensuring justice for all, urgent action is needed to address the inefficiencies that leave thousands of people trapped in legal limbo.

Devastating consequences


The consequences of these delays in lower courts are not theoretical; they are real, and they are devastating. They affect people’s lives and livelihoods and often cripple access to justice.

Take the case of five residents from an informal settlement in Lenasia, south of Johannesburg. 

In 2016, during local government elections, their community protested against poor service delivery in the informal settlement. Their demands were not radical, they were about access to fundamental human rights.

Yet, instead of receiving a response to their grievances from the state, they were arrested and charged with public violence, arson and malicious damage to property. Some of the accused explain that they were not even part of the protest, but were implicated in the matter and face the same charges. 

Their case has since been stuck in the regional magistrates’ court, postponed again and again for nine long years. The Centre for Applied Legal Studies has been fighting for their right to a fair and speedy trial, but the system has failed them.

Some have lost jobs because of the ongoing case. Others have missed out on business opportunities. Their reputations remain tarnished and the constant stress has affected their mental health. 

Most devastatingly, one of the complainants and three of the accused have died while waiting for the matter to conclude. Two of the accused died in the past five months alone.

These deaths are not just tragic, they are an indictment of a system that allows cases to drag on for so long that those involved do not live to see their day in court.

Process becomes punishment


This is what happens when cases are left to linger indefinitely. Lives are destroyed not because people have been found guilty, but because the process itself becomes the punishment. The old legal saying still holds: justice delayed is justice denied.

The Lenasia case is just one of many. Across the country, thousands of cases remain stuck in the court system for years on end, with endless postponements that erode faith in the judiciary.

The reasons for these delays vary. The sheer volume of cases overwhelms the courts, a shortage of judicial officers slows down proceedings, and poor case management results in unnecessary postponements.

In some instances, accused persons are incarcerated for years awaiting trial, only to be acquitted when their case is finally heard.

The problem is particularly acute in the magistrates’ courts, which serve as the first point of contact with the justice system for most people in South Africa. Unlike the high court, which deals with fewer but more complex matters, the magistrates’ courts handle most criminal and civil disputes. Yet, they remain under-resourced and overburdened, making it nearly impossible to deliver justice promptly. 

Justice is not only about outcomes, it is also about process. When trials take years to conclude, they become a punishment in themselves. Accused persons are left in limbo, unable to move on with their lives.

Witnesses forget crucial details or move away, making it harder to secure convictions or fair outcomes. Victims of crime are forced to relive their trauma repeatedly, with no resolution in sight. And, as seen in the Lenasia case, some will not live long enough to see the end of their trial.

These delays also contribute to broader societal problems. When people see that the legal system does not work efficiently, they lose trust in the courts and the rule of law. This can lead to an increase in vigilantism, where communities take justice into their own hands.

It can also discourage people from reporting crimes, knowing that even if they do, justice may never come. 

Steps to take


The judiciary must take immediate steps to address the backlog in the magistrates’ courts. This requires a multipronged approach, including increased judicial appointments, improved case management and greater accountability for unnecessary delays.

The appointment of additional magistrates and judicial officers is essential to ensure that courts are not stretched beyond capacity. Improved administrative systems can help track cases more effectively and prevent repeated postponements.

Judges and magistrates must also be held accountable for case management failures, ensuring that delays are not tolerated as an accepted norm. 

There must also be greater transparency in how cases are handled. The public has a right to know why certain cases take years to resolve while others move through the system more quickly. Regular reporting on court backlogs and progress in addressing delays should be a priority for the Department of Justice and Constitutional Development. 

Judge President Mlambo’s draft directive to mandate mediation in civil cases highlights the urgent need to address the backlog in South Africa’s courts.

However, focusing solely on the high court is not enough; bold interventions are long overdue in the lower courts, where staggering delays continue to deny justice to thousands. While mediation may streamline certain disputes, it is not a solution for the thousands of criminal cases languishing in the lower courts.

Structural reforms, including judicial appointments, case management improvements and enhanced oversight, are critical.

Without decisive action, the Lenasia case will not be an exception, it will remain the norm, turning our justice system into a graveyard of unresolved grievances and stolen lives. DM 

Sithuthukile Mkhize and Mazi Choshane are at the Civil and Political Justice programme at the Centre for Applied Legal Studies, Wits University.

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