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When Justice Feels Unsafe: South Africa’s Magistrates Raise the Alarm
A Growing Fear Inside South Africa’s Courtrooms
South Africa’s magistrates handle most of the country’s legal workload, yet many say they now do their jobs with fear sitting heavily on their shoulders. Over the past year, a sharp rise in threats and violent incidents has pushed courtroom safety into the national spotlight and raised concerns about the protection of the people who uphold justice every day.
Several recent cases have shaken the legal community. Magistrates have reported being threatened inside and outside court buildings, with some intimidation so direct that one described an accused person gesturing to slit his throat. In another incident, an accused attacked a magistrate with a sharp object in Esikhawini in KwaZulu-Natal. Shootings have also taken place outside court buildings in unrelated cases. The message from magistrates is clear: something has shifted, and the situation can no longer be ignored.
What Magistrates Are Facing on the Ground
A report presented to Parliament revealed that attacks and intimidation against the judiciary are on the rise. The threats include premeditated attempts to harm judicial officers, stalking, anonymous calls, kidnapping attempts, violent disruptions inside courtrooms, and physical assaults. For many magistrates, these experiences are not rare or surprising. They are becoming part of the job.
Judges Matter, a civil society group that monitors the judiciary, has been raising alarms for years. Its researcher, Mbekezeli Benjamin, explained that a 2022 survey found that one out of every three magistrates interviewed had been threatened while doing their work. A new round of the survey is now underway, and the early signs point to growing uneasiness among the country’s magistrates.
One recent incident highlighted Benjamin’s concerns. An accused person, previously convicted of attempted murder after severely assaulting a police officer, attacked a magistrate during proceedings and then damaged the courtroom. In KwaZulu-Natal, a magistrate dealing with cases involving murder for hire and taxi violence asked to be transferred out of the province because of safety fears.
The reality is even more complicated in smaller towns. In parts of Limpopo, magistrates say they frequently encounter people they have sentenced while doing ordinary activities like shopping. For some, that constant presence of former defendants creates daily anxiety and has pushed them to request transfers.
Why Magistrates Feel Neglected
Magistrates argue that the crisis is not only about threats. They believe the justice system itself is leaving them vulnerable. Many point to physical court conditions, poor security inside buildings, and the lack of proper protection that is routinely available to High Court judges.
In some courts, accused persons and magistrates can share the same restroom. Security officers are often stationed only at the entrance of the courthouse instead of inside the building, where tensions escalate during hearings. Some magistrates also live in high-crime areas because of low salaries, which means they share neighbourhood spaces with the same people they see in court.
One Durban magistrate said the neglect of their security and working conditions is becoming a threat to justice itself. Since magistrates handle almost all preliminary court matters, including bail applications and the early stages of criminal cases, they argue that their safety directly affects whether justice can be served.
Government Responds to Rising Concerns
The Department of Justice and Constitutional Development says it is aware of the threats and insists that it has been taking action. According to the department, each reported incident involving a judge or magistrate is managed through security protocols developed with law enforcement agencies. The department maintains that no judicial officer has stepped down because of safety fears.
Officials say they are strengthening protective measures, improving reporting channels for threats, and rolling out awareness programmes across the system. The department’s position is that courts remain operational and that access to justice has not been interrupted.
A Tipping Point for South Africa’s Justice System
The debate now unfolding across the country asks a bigger question. If those expected to uphold the law do not feel protected, how secure is the justice system itself? Civil society groups are calling for urgent investment in courtroom security, proper infrastructure, and better working conditions for magistrates. Many South Africans on social media have echoed these concerns, saying that without safe courts, accountability becomes impossible.
As the new survey results are expected early next year, the country may soon have a clearer picture of just how deep this crisis goes. What magistrates want most is simple. They want to feel safe enough to do their jobs without fear that justice could come at the cost of their own lives.
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Source: IOL
Featured Image: Cape Times
