Recent reports indicate that the South African courts are finding it difficult to cope with the large increase in the number of politically related trials. In March the Attorney-General for the Eastern Cape, the province apparently under the most strain, attributed the large backlog of trials in the area mainly to the 1985-86 unrest in the region. Most of these cases involve capital charges requiring to be heard by a Supreme Court judge rather than a magistrate. Whilst press coverage has centred on the Eastern Cape, there are indications that other areas have also experienced difficulties.
Many trials before the courts in May arose out of incidents as far back as 1985. A large proportion of defendants in these cases were not granted bail and consequently spent long periods in custody even if finally acquitted or discharged. In some cases even where bail has been granted, this has not guaranteed freedom for defendants. In the case of Madoda JACOBS, reported in the last issue of FOCUS, he was charged with murder in February 1985, granted bail and eventually acquitted in February this year. However, in 1986 while on bail, he was detained under the emergency regulations and spent the two years immediately prior to the trial in detention.
The fact that awaiting-trial prisoners frequently spend lengthy periods in custody before their case is heard does not necessarily mean that their lawyers have either access to their clients or adequate information to prepare a defence. Defence lawyers are therefore themselves sometimes compelled to ask for a further adjournment when the cases come to trial.
The increase in the number of trials has also placed space in the court buildings at a premium. In East London, two rooms in the magistrates' court building which were used for psychiatric services were requisitioned in April for use as courts.
The government has earmarked funding for the construction of new courts and related premises. In March the Minister of Public Works announced the building of a new Supreme Court in Port Elizabeth at an estimated cost of R15 million. At the same time he announced a number of plans for new police buildings, including, for example, a new police station and court accommodation at Addo.
Efforts to reduce the backlog in the Eastern Cape began last year with the seating of another criminal court in Grahamstown. This did not prove sufficiently effective, with the result that a number of courts in the region were forced to sit through the recess this July. In other areas the increase in the number of political trials, in particular those relating to incidents of armed resistance, has been reflected in the number of Special Supreme Court sittings (eg in Messina, see MK COMBATANTS CONDEMNED). Special sittings for trials, which would normally be handled by the regular Circuit Court sittings, are held partly because the possible length of the cases would disrupt the Circuit Court rolls. But they also mean that cases are tried in areas where alleged incidents took place. In the Messina trial defence lawyers attempted unsuccessfully to have the trial heard elsewhere because of prejudice against their clients.
One effect of increasing the number of court sittings has been to place extra demands on court personnel, especially judges. The government has responded to this by making a number of appointments to the bench. In March four additional judges were appointed to the Eastern Cape Division. One appointment was that of a permanent judge, bringing the number of permanent judges on the province's roll to ten. A further three acting judges were appointed in a temporary capacity for the last term, one of whom remained until the present term.
Finally, legislation has been enacted in the effort to reduce the backlog. In October 1987, Section 21 of the Supreme Court Act, 1959, was amended. Applications for leave to appeal which were formerly heard by three judges are now heard by two. This measure, presumably to facilitate the faster processing of such applications comes at a time when the large number of death sentences passed on political prisoners has lead to an increase in the number of appeals.
