New Community Courts Increase Access To Justice
USAID supports the South African Government’s efforts to address the staggering case backlog by establishing six well-equipped Courts within targeted communities that are in need of more immediate access to the judicial system.
The new Community Courts ease unmanageable caseloads because accused criminals can be arrested, tried and a ruling delivered generally within 24 hours. USAID’s Team Leader for Governing Justly and Democratically, Katherine Liesegang, says “USAID’s support to develop a national network of Community Courts will enable more people to access justice quickly and equitably.”
The Courts deal mainly with minor crimes that cause extensive backlogs. Magistrates use alternative forms of sentencing to promote rehabilitation and avoid overcrowded prisons. One such method is called “Diversion” and helps juvenile lawbreakers to avoid the crime cycle.
Mankweng Community Court in Limpopo Province was the first Court to be formally handed over for South African Government management on May 22, 2007. The Court serves a population of more than 205,000.
The other five Community Courts are in the Western Cape, North West, and KwaZulu-Natal Provinces. USAID support includes providing mobile office units, developing community courts guidelines, workshops for stakeholders, a community courts coordinator, printing of carbonized court referral forms, and translating the Diversion Manual from English to Zulu.
President Mbeki’s 2004 State of the Nation speech promoted this new way of administering justice:“We will establish at least two Community Courts in each province modeled on the Hatfield Community Court [that USAID also supported]…which, in the first month of operation, finalized 200 cases with a 100% conviction rate.”The Department of Justice and Constitutional Development Minister and Deputy Minister heeded the President’s call to fulfill this initiative and enlisted support from USAID through the South African organization Business Against Crime. The process is well underway with the first six test Courts showing evidence of improving court performance to specifically dispense justice efficiently.
Community Courts are visible, accessible, and proactive. Social services providers and criminal justice professionals work together. The buildings are easily accessible by local people, including the elderly and the disabled. Court procedures are easy for everyone to follow and promote community involvement.
