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Nelson Mandela stated that: -
"Access to legal services is a basic necessity.
If people are not able to enforce their rights, those rights become meaningless".
And
"We need to muster all the resources we can, including available government resources,
to make the legal system accessible to all."
CONSTITUTION OF SOUTH AFRICA
CRIMINAL PROCEEDINGS:
The constitution in S35 (3) (d) states that: -
"Any accused person has a right to a fair trial, which includes the right to have their trial begin and conclude without unreasonable delay."
CIVIL PROCEEDINGS:
The constitution in S34 states that: -
"Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or where appropriate under independent and impartial tribunal or forum."
CHANGES IN SOUTH AFRICA
Much has changed since the constitution of the Republic of South Africa was approved by the Constitutional Court
on 4 November 1996 and took effect on 4 February 1997.
POPULATION:
In 1996, South Africa had a population of approximately 44.66 million people.
The population has grown steadily, and in 2024, it will have a population of approximately 64,112.89.
The population has thus grown by roughly one-third since 1996.
LITIGIOUS ATTITUDE:
The South African population has become more litigious over the past 26 years, owing to legal representation being more accessible than ever before.
Individuals have the right to appoint their own legal representatives; alternatively, the state will appoint representation for individuals under certain circumstances.
South Africans are thus approaching the courts more than ever before.
VOLUME OF MATTERS:
As a direct result of the increase in population and access to legal representation, the volume of civil cases brought to court has increased substantially.
Similarly, the high crime volumes in South Africa have caused the criminal justice system to become overloaded.
COVID - 19:
On 5 March 2020, South Africa's president declared a national disaster arising from the COVID-19 pandemic and implemented stringent regulations pertaining to the travelling of individuals and meeting of people.
The restrictions were gradually reduced until May 2022, when they were finally lifted.
As a result of the COVID-19 regulations, court systems, particularly civil courts, did not function normally, resulting in a delay in the finalisation of pending matters and causing a substantial backlog.
CURRENT SITUATION:
The civil legal justice system is under severe pressure as a result of the aforesaid factors.
Trial dates are being allocated up to five (5) years from the date they were applied for in the High Courts, particularly in Gauteng.
These lengthy delays are attributed to a shortage of judges in the High Courts.
It is submitted that although there is a shortage of judges, this is only one of the factors causing these lengthy delays.
There is also a serious concern regarding work ethics.
The perception is that there is a mentality to ‘wheel and deal’ to receive the assistance one requires.
ELECTRICITY SUPPLY AND ESSENTIAL SERVICES:
Courts have been hampered by loadshedding during periods in which proceedings could not be recorded and matters therefore required postponement.
Similarly, water shortages have resulted in prisoners not being taken to court and productive court times being restricted to only a few hours per day.
The shortage of these essential services has exacerbated the backlog and delayed the timely finalisation of matters.
Magistrate's Courts particularly suffer from a lack of maintenance of toilet facilities, etc.
Since the implementation of the new constitution in 1997, the South African legal system has not evolved in a manner that accommodates population growth and various other factors that have placed increasing demand on the system.
The size of the courts and the personnel remain relatively the same size they were in 1997, whilst the volume of matters has increased substantially.
It is not only a shortage of judges causing this delay but also a shortage of all aspects required for the successful, smooth operation of justice systems:
We need adequate and sufficient premises where courts are to be housed,
sufficient and competent presiding judges,
magistrates,
court personnel,
and essential services.
The time has come for the state to make the legal system accessible so that the rights of
South African citizens do not become meaningless.
Urgent intervention is required by the South African Parliament to address these issues and
to restore access to the legal justice system.
Specialised Security Services has a panel of attorneys and legal experts who are
willing and able to assist with all legal proceedings.
Kindly contact Mr Bolhuis for assistance.
Specialised Security Services invites the public to the Mike Bolhuis Daily Projects WhatsApp Group.
This group is important in delivering insights into the latest crime trends, awareness, warnings and the exposure of criminals.
HOW TO JOIN THE MIKE BOLHUIS DAILY PROJECTS WHATSAPP GROUP:
Follow the link to our WhatsApp group:
"JOIN" to ensure you never miss our daily updates.
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CONTACT MR MIKE BOLHUIS FOR SAFETY AND SECURITY MEASURES, PROTECTION, OR AN INVESTIGATION IF NEEDED.
ALL INFORMATION RECEIVED WILL BE TREATED IN THE STRICTEST CONFIDENTIALITY AND EVERY IDENTITY WILL BE PROTECTED.
Regards,
Mike Bolhuis
Specialist Investigators into
Serious Violent, Serious Economic Crimes & Serious Cybercrimes
PSIRA Reg. 1590364/421949
Mobile: +27 82 447 6116
E-mail: mike@mikebolhuis.co.za
Fax: 086 585 4924
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EXTREMELY IMPORTANT: All potential clients need to be aware that owing to the nature of our work as specialist investigators there are people who have been caught on the wrong side of the law - who are trying to discredit me - Mike Bolhuis and my organisation Specialised Security Services - to get themselves off the hook. This retaliation happens on social media and creates doubt about our integrity and ability. Doubt created on social media platforms is both unwarranted and untrue. We strongly recommend that you make up your minds concerning me and our organisation only after considering all the factual information - to the exclusion of hearsay and assumptions. Furthermore, you are welcome to address your concerns directly with me should you still be unsatisfied with your conclusions. While the internet provides a lot of valuable information, it is also a platform that distributes a lot of false information. The distribution of false information, fake news, slander and hate speech constitutes a crime that can be prosecuted by law. Your own research discretion and discernment are imperative when choosing what and what not to believe.
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