PROJECT: INFRASTRUCTURE COLLAPSE AT SOUTH AFRICAN COURTS

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CASE STUDY - PRETORIA MAGISTRATES' COURT:

In January 2025, the Pretoria Magistrates’ Court experienced extended power outages lasting nearly two full days.
The court’s existing backup generator is designed only for emergency use, not sustained operation.
As a result, court operations were severely disrupted, leading to widespread hearing postponements and the manual handling of sensitive court documentation.
Further incidents occurred in May and June 2025, again resulting in the suspension of proceedings and delays in both civil and criminal matters.
A site inspection conducted in April 2024 revealed the following critical infrastructure issues:
- Non-functioning air-conditioning and inadequate lighting.
- Faulty water systems on upper floors.
- Empty courtrooms and staff shortages.
- Unhygienic conditions in restrooms include a lack of toilet paper and broken plumbing.
- Delayed or incomplete court restoration projects.
The combined effect of these failures has led to chronic postponements, directly affecting judicial outcomes and contributing to broader systemic breakdowns.

WIDER NATIONAL IMPACT:

The Pretoria Magistrates’ Court is not an isolated case.
Other courts across South Africa are facing similar operational challenges:
- In February 2025, the Pretoria High Court was temporarily closed owing to a power outage.
- The Soweto (Protea) Magistrates’ Court also experienced a forced shutdown as a result of water shortages and electricity failures.
These closures disrupt legal proceedings, create uncertainty for litigants and legal professionals, and worsen the existing backlog of cases in the justice system.

CONSEQUENCES OF POOR MAINTENANCE AND INFRASTRUCTURE FAILURE:

Mass hearing postponements.
Delays in both civil and criminal trials.
Administrative inefficiency and breakdowns.
Ongoing backlogs across court dockets.
Re-traumatisation of victims and secondary trauma for witnesses.
Procedural unfairness and compromised justice outcomes.

These operational failures contribute to the

nationwide crisis – and require urgent intervention.

MAIN RISKS OF POSTPONED HEARINGS:

Prolonged delays in the court system result in severe and far-reaching consequences:

VIOLATION OF THE RIGHT TO A FAIR AND SPEEDY TRIAL:
- Accused persons may be held in custody for extended periods without trial, contravening constitutional protections.
RE-TRAUMATISATION OF VICTIMS AND WITNESSES:
- Victims of crime are forced to relive their trauma multiple times due to repeated postponements, weakening their willingness or ability to testify.
LOSS OF EVIDENCE AND WITNESS AVAILABILITY:
- With time, physical evidence can degrade, and key witnesses may relocate, forget details, or become unwilling to participate.
INCREASED LEGAL AND FINANCIAL COSTS:
- Legal practitioners, clients, and the state incur additional costs due to repeated appearances and administrative inefficiencies.
CASE BACKLOGS:
- Each delay adds to an already overwhelmed system, making timely resolution increasingly difficult.
REDUCED TRUST IN THE JUSTICE SYSTEM:
- Persistent delays damage public confidence and perception of the courts as effective and impartial institutions.

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