Justice Denied

The saying "Justice Delayed is Justice Denied" is an old and well-known saying in our profession.

Now more than ever before I have become aware of how true that actually is.

We all have had our fair share of postponements in Mbombela due to Magistrates or recording machines not being available for trials.

Recently in White River I had a maintenance matter postponed unilaterally by a Maintenance Officer who was sent to Kabokweni on the day on which my matter was to be heard. The date that was decided on was not agreed with me.

Most recently, however, the latest installment in a six-year-long drama has reached its peak.

My client is a single mother whose former husband has been defaulting on maintenance payments for 5 years in spite of a suspended sentence already being against him in respect thereof. My client was unable to have him arrested and brought to Court because the police docket had gone missing. There was also no trace of the suspended sentence on the maintenance court file.

He came out of hiding when I had a new summons in a criminal matter served on him. We were nowhere near finished, though. No trial could be held because the stenography machines were not working. The Court Officials in Barberton were not willing to make any other plans since it is far more convenient for them to just postpone matters.

So- 7 postponements and 7 months later we had eventually received news that the machines were working again. The accused had made it known through his attorney that he intended to plead guilty.     In the meantime, this accused arrogantly demanded proof of the expenses that he had to pay while what he has to pay is in terms of an existing court order. That means that the time for hearing, evidence and disputes are over and that he was to shut up and pay up! Instead, he still strutted into Court wanting to negotiate and seek another way to avoid paying maintenance again.

With the plea of guilty being expected the matter was postponed for the Accused's attorney to have a plea ready so that we can proceed with sentencing. I, the attorney on watching brief for the Complainant had furnished the Prosecutor with heads of argument for sentencing.

On the next court day, that was also in the next month, the Accused's attorney phoned the Prosecutor and told her that she could not come to court. To this day a proper explanation was not given.

With the next court appearance the matter was handled by another prosecutor who had no knowledge of the matter and the matter was postponed again without any good reason. The Accused and his attorney are only too happy to be scot-free for another while.

The above incident has been reported to the Control Prosecutor for the area and we shall have to see how much resistance we have yet to encounter before my client receives justice.

You think this is bad...? Imagine how it would be for you if you had to approach this Court for help on your own...

Corruption and poor service delivery in Mpumalanga are as real and common as the hadedas in your garden and it has caused a lot of the mechanisms in our justice system to not work as it should.

Many of my colleagues believe that the solution is maintaining a good relationship with officials. I, however, don't believe that anyone that does not want to do his or her job should be kept in his/her position at that work- especially not if it is a public office.

Just as I have reported the above incident at the Criminal Court I would not hesitate to take action against any public official that refuses to carry out his or her legal mandate to serve.

I am in nobody's pocket. I have never insisted on any undue favour and have also never received same. If a court official or any public officer refuses to assist you- I will gladly hear about it...