South African Magistrates Face Heightened Threats, Survey Reveals

A concerning number of magistrates in South Africa are experiencing threats and harm as a direct consequence of fulfilling their judicial duties. This apprehension is based on a recent survey conducted by the Democratic Governance and Rights Unit (DGRU) at the University of Cape Town's law faculty. The 2022 survey, which is more extensive compared to the 2019 study, indicates that one in three magistrates faced threats or were harmed in the year between October 2021 and October 2022.

The 2022 DGRU survey, which included responses from 230 magistrates, representing about 13% of the total 1,726 magistrates across the nation, aimed to delve into the nature of threats to magistrates' safety. Almost 23% of the participants recounted being threatened or harmed once or twice due to their work, while a further 10% reported experiencing this danger a few times within the past year. In the Western Cape, the statistics are even more alarming, with 39% of magistrates confirming they had faced threats or harm.

Mbekezeli Benjamin, a DGRU researcher, has highlighted that a significant portion of these threats is tied to the outcomes of cases over which the magistrates preside. For instance, a magistrate in Ulundi, KwaZulu-Natal, encountered death threats from a minibus taxi association after bail was denied to their members. Gang-related cases are also a common source of threat, particularly directed at magistrates presiding over criminal courts.

When compared to the 2019 survey, there seems to be a slight decrease in reported threats, albeit from a smaller sample size of 165, where 44% indicated they had received threats or were harmed. The geographical distribution of these threats varies, with the Limpopo province having the highest reported threats at 64%, followed by the Western Cape at 55%. The Eastern Cape and KwaZulu-Natal were on the lower end of the spectrum.

Notably, magistrates handling civil cases have been subjected to the most threats, followed by those in criminal cases. The survey found that multi-jurisdictional magistrates, who deal with both civil and criminal matters and are often younger, seem to encounter threats less frequently.

Some threatened magistrates have sought recourse through the Magistrates' Commission, requesting transfers to other courts for safety reasons. Whether such requests are honored can depend on various factors, including reporting of the threats to law enforcement. DGRU noted instances where outcomes varied based on whether or not the magistrate had reported the incident to the police. In the Western Cape, two contrasting cases were mentioned, one where a transfer request was denied due to a lack of police report, and another where the request was granted due to reported threats.

The full report of the 2022 DGRU survey, complete with detailed data and thorough analysis, is scheduled for release on January 31 at the law faculty of the University of Cape Town. This report promises to shed more light on the risks faced by the judiciary in South Africa and is expected to provoke essential discussions about ensuring their safety and safeguarding judicial independence.