Advancing courts into the digital era
Why this is important...
Nowadays, almost all sectors rely on technology for business. It’s just the way our world has evolved. Our business processes, administration, data processing and the way in which we communicate are all enabled by technology. When adopted correctly, technology enables more efficiency, more connectivity and more access to information and resources.
Even with all of these realised benefits, many regions in South Africa are still catching up with the use of technology. We are still classified as a third world country, and therefore access to technology has been slow. This has been the case in many courts, however the situation is changing.
During the End GBVF 100-Day Challenges, many court teams took a strong focus on adopting technology to streamline court processes and to avoid delays in proceedings.
Conducting virtual trials
In the Thabazimbi Court, a recent case involving an 8-year-old complainant highlighted the role of technology in the judicial process. Due to a malfunctioning SOS system that had been out of operation since March 2023, the court opted to use Microsoft Teams to allow the young victim to provide testimony. This decision helped avoid further delays, demonstrating how technology can streamline the legal process even in challenging circumstances.
Using MS Teams as a virtual platform has had a profound impact, making court proceedings more efficient and accessible. This approach has enabled cases to be managed with greater speed and flexibility. However, these benefits are dependent on stable network connections and uninterrupted power supply. To fully leverage such technology, it’s essential to have contingency plans in place to address potential power or connectivity issues.
More cooperation to manage DNA evidence
In 2023, the Polokwane court team found that technology can speed up trials by 50%. Evidence can be shared virtually and witnesses can give evidence virtually, so there is no need to travel to the court. Presiding officers can deal with cases at any of the courts, regardless of where they physically are by adjudicating cases virtually. There is a reduction in travel expenses for parties, which is often the reason why parties do not appear for their cases.
Understanding the limitations in rural areas
Despite their success in Thohoyandou Magistrate Court, the team faced significant obstacles. During the challenge, 877 new cases were opened, averaging 58 new cases per week. This influx of cases required the team to remain agile and resourceful, putting a focus on technology to host virtual trials. One of the most pressing challenges was the difficulty in conducting virtual trials. Many of the clients served by the Thohoyandou Magistrate Court come from deep rural areas, where access to technology and data is a significant barrier.
However the team made huge progress in serving respondents quickly. Whenever the applicant was absent from court, the team allocated additional resources to establish a new line of communication with them to determine their whereabouts and inform the magistrate accordingly. Often teams will look at multiple virtual channels to use, and supply parties with data or another form of connectivity to have their attend virtually. Each case was different and required the teams to determine whether a case is suitable for a virtual trial beforehand.