For GBVF cases, specifically domestic violence and sexual offences, cases can unfortunately go on for months, leaving a victim waiting for justice, a protection order and closure. There are many factors that can determine the rate at which a case is processed – it can be the current volume of matters on the court roll, availability of witnesses, forensics and processing DNA evidence to name a few. Even with all of this, it is important for all stakeholders within the justice system to ensure that every measure is taken to thoroughly and efficiently process cases so that victims can start their healing journey.
Given the current capacity and the challenges that our court systems face, End GBVF 100-Day Challenge court teams focused on reducing the turnaround time for fully completing cases, and increasing the average finalisation rate of cases that enter the court roll.
During the 100 days, the domestic violence finalisation rate for the participating Limpopo courts increased to 78%. This marked a significant improvement where the finalisation rate sat at 42% before the start of the 100-Day Challenge.
Some stand out teams were Mankweng who reduced their turnaround time from 90 days to 42 days, Nkowankowa and Waterval both from 90 days to 30 days, and Thohoyandou From 7 weeks to 3 weeks.
In Sekhukhune Magistrate Court the turnaround time to finalise cases was reduced from 12 weeks to 8 weeks in 100-Days.
In Mahwelereng the average case finalisation rate was reduced down to 6 weeks, from 5 months. Within the Sekhukhune cluster 4 weeks was taken off the average case finalisation rate.
The Ga-Kgapane Magistrate Court Domestic Violence Team reduced their average case finalisation time to less than 90 days.
The teams asked for details such as email addresses and WhatsApp numbers for electronic serving to be effected via email or Whatsapp. Teams identified that it was important to establish as many points of contact with the parties so that cases were not delayed.These additional communication channels proved to be a more effective way of sending notices than by post, which often posed unnecessary issues such as mail getting lost or taking a long time to arrive.
The team also made use of the Integrated Court Management System (ICMS) that led to an SMS system that sends texts automatically to parties and witnesses.
In 2023, in one specific case, where an 8-year-old complainant was involved, the court used Microsoft Teams to allow the victim to testify. This was necessary due to the non-functioning of the court’s SOS system since March 2023. By leveraging technology, the court was able to simplify the process and prevent further delays.
The impact of using MS Teams as a medium has been significant. The court process has become more efficient and effective, allowing cases to be heard in a more streamlined manner. However, it is important to note that this impact can only be achieved when there are no challenges with the network or power outages.
Courts also have to be mindful that many parties come from deep rural areas that do not have access to connectivity and technology that allows parties to attend virtually, therefore this is not always an option.
In 2024, the Sekhukhune Cluster took a strong focus on processing DNA evidence to make DNA reports available for court cases. Before the start of the 100-Days, 22 dockets were awaiting investigation and DNA results from the national laboratory. Seven sexual offences cases were finalised with DNA results submitted, leading to a swift turnaround time in court. DNA results were received for 15 cases, allowing for summons to be issued across all these cases, ensuring that justice processes were set in motion.
Local and provincial police commissioners played a pivotal role in these efforts. They maintained open lines of communication with the national laboratory to get more frequent updates on DNA reports.
When lists of open cases were submitted to the national office, provincial and local commissioners received detailed feedback on each case. This feedback included necessary actions to fully process and close each case based on DNA evidence. A new process was established where every two weeks the case system would be updated by the national office to indicate where DNA reports have been assigned. Where some sexual office cases were closed by the court due to no DNA evidence, this new system could reinstate cases as soon as DNA reports were assigned to cases.
In Giyani the magistrate challenged the probation officersIt often took Social workers and Probation officers about 6 weeks to submit a suitability report. During the 100-Days Challenge, reports were received within 2 weeks knocking off 4 weeks on the usual 6 week timeframe. This focus on individual performance made a lot of difference to fast track cases.
Follow-up calls were made to applicants and respondents to ensure that they were aware of their hearing date and to emphasise the importance of appearing. If respondents weren’t able to appear for whatever reason, Microsoft Teams was utilised so no cases were unnecessarily delayed.
Due to the sensitivity of many cases and the need for victim protection, acting quickly is crucial. Often delays with domestic violence cases occur when witnesses can’t get to the courtroom. Investigating officers assisted in getting witnesses to court for trials, and, in some cases, witnesses were tracked in 7 days instead of the required 14 days.
Many court teams have made quick decisions a part of their operational culture. Communication is key, and teams realise the importance of being in touch with one another at all times through the use of many different communication channels.