By Justina Chirwa – Attorney: Litigation & Commercial Department
It seems there are significant concerns about the practicality and safety of implementing night courts in South Africa. Here are some key points related to night courts:
Concerns Raised:
- Safety Issues: Security problems for court-goers, including safe parking during evening hours.
- Impracticality: Legal practitioners often consult with witnesses after regular court hours, making it difficult to manage night court schedules.
- Previous Trials: Earlier attempts to implement night courts in places like Soweto were not successful.
- Awaiting-Trial Prisoners: Cases involving these prisoners cannot be heard in night courts.
Alternative Solution:
- Limited Success: While night courts have not been completely dismissed, they might only work in specific areas and within limited hours (17:00 to 20:00).
Current Situation:
- Backlog of cases: Due to budget constraints, Saturday courts and other projects were suspended. This has contributed to a further backlog of cases.
It is clear that while night courts could potentially help with the backlog, there are significant logistical and safety challenges that need to be addressed.
