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South Africa's court backlog leaves victims waiting years for justice

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Families trapped in legal limbo as cases pile up

Jason Venter has spent over two years awaiting trial for his mother's alleged killer, a delay emblematic of South Africa's overwhelmed judicial system. With tens of thousands of cases stuck in backlog, victims and families face emotional and financial strain while justice remains out of reach.

The human cost of delayed justice

Charlene Venter, 43, was killed in May 2023 after being set alight in her car in an alleged gender-based violence attack. Her son, Jason, describes her as a beloved figure who supported their extended family. Now, as the sole provider for his wife, infant, sister, and grandmother, he struggles with the uncertainty of a trial repeatedly postponed.

"She was my best friend. Everyone who knew her loved her. She was always trying to make people happy. That's how I remember her-kind and loving."

Jason Venter, victim's son

Jason says each delay feels like losing his mother again. "No healing can begin without closure. We need clarity. We need to know what happened."

A system stretched to breaking point

South Africa's judiciary is critically understaffed, with just 250 judges serving a population of over 60 million-roughly four judges per million people. Advocacy group Judges Matter notes this is far below global standards, with India at 15 judges per million and many European nations exceeding 200.

The auditor-general's office reports a backlog of 37,000 cases, though the justice department estimates the true figure could exceed 100,000. Some defendants are now being given trial dates four years in advance, violating the principle that justice delayed is justice denied.

High-profile cases underscore the crisis

The 2014 murder of Senzo Meyiwa, a national football hero, remains unresolved after a decade. The trial has been plagued by judicial turnover, allegations of police mishandling, and infighting within law enforcement. Advocate Shamila Bahoti, head of the public prosecutor's office, cited factionalism as a key obstacle to progress.

Meyiwa, captain of Bafana Bafana and a star for Orlando Pirates, was shot during an apparent botched burglary at his girlfriend's home. Despite a $23,000 reward and extensive state resources, the case has yet to reach a verdict.

Reforms promised but skepticism remains

Government officials acknowledge the crisis. Lucky Mohalaba, head of court administration, pledged to hire more magistrates and extend court hours to address delays. "We urge the public not to lose faith," he told the BBC, admitting some cases could have been resolved faster.

Victim support groups, however, argue the system is fundamentally broken. Juanita du Preez of Action Society warns that prolonged delays force families to abandon cases, fueling South Africa's 90% re-offender rate. "Every person we assist has lost faith in the criminal justice system," she said.

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