Court backlogs and delays are prolonging the anguish of countless families seeking justice for their loved ones. Civil rights group Action Society is tirelessly advocating for victims, highlighting systemic failures in South Africa’s justice system.
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By Chris Steyn
Countless families will face another Christmas without justice for their loved ones because of backlogs and other “complications” at court.
Civil rights group Action Society has taken up many of these cases and are working hard to drive them through the courts.
Action Society provided this list of some of those cases:
- GEORGE REGIONAL COURT: Sivenathi Toto was so severely beaten in August 2022 that she suffered brain damage and a stroke that has left her bound to a wheelchair and unable to communicate. The case has been postponed to 18 July 2025. It will be nearing its third year when the accused next appears in court.
- PRETORIA HIGH COURT: Bathabile Maria Mnguni’s husband allegedly slit her throat, mutilated her face and stabbed her to death in front of her 10-year-old daughter on 1 January 2024. He then locked her body up in their bedroom along with the frightened young girl. He threatened the girl that he would kill her as well if she dared call for help or made any noises. The matter was heard 8 October 2024 and was postponed to December 3, 2024 for trial in the Pretoria High Court
- WYNBERG MAGISTRATES COURT: On 10 July 2024, a group of masked gunmen entered Charlene Josephs’ home in Lavender Hill after the power suddenly shut off while she was watching television, forcefully dragged her out of her house at gunpoint, bundled her into a car and sped off. Charlene’s body was found on 19 August 2024 in a deserted area behind the Muizenberg landfill site, riddled with stab wounds. The matter was heard on 15 November 2024 and was postponed to 13 December 2024 after “complications” at the court.
- PAARL REGIONAL COURT: Cecily Loock’s husband – whose husband has show a pattern of verbally abusing her – obtained a protection order against him after he destroyed her phone in a rage after an altercation. However, he contravened the protection order and the matter has been postponed to 13, 14 and 17 January 2025 for witnesses to testify.
- MITCHELL PLAIN MAGISTRATES COURT: “Iris”, 15-year-old girl, who allegedy raped by her mother’s ex-husband from a very young age while he was giving her a bath. The matter was heard in court on 20 November 2024 and has been postponed to 12 December 2024 due to the prosecutor being ill.
- MITCHELL PLAIN MAGISTRATES COURT: The case of Lekesha Marthinus who was killed after a beer bottle was thrown at her head is back on the court roll after it was temporarily withdrawn due to an outstanding post-mortem report. She was killed on 5 November 2022, allegedly by her boyfriend. At the time of her murder, she was holding her then nine-month-old baby. The matter was heard in court on 22 November 2024 and postponed to 10 December 2024 for the accused to consult with his attorney.
- PAROW REGIONAL COURT: Granny Azalea of Langa was allegedly subjected to terrible elder abuse at the hands of a grandchild who ransacked her home and verbally threatened to kill her. The grandson was arrested on 12 July 2024 and appeared before the Bishop Lavis Magistrates Court. The matter was heard again in court on 5 November when his bail of R500 was paid. Although the victim decided to withdraw the case, the Senior Public Prosecutor decided not to drop the charges against the accused. The matter was heard in court on 20 November 2024 and has been postponed to 13 February 2025 for plea and trial.
- PAARL MAGISTRATES COURT: Six-year-old “Marigold” was allegedly raped by her father’s cousin in June last year during a visit to the father’s house. The matter was heard in court on 27 November 2024 and was postponed to 6 May 2025.
- VREDENDAL MAGISTRATES COURT: Nadine Klaase was strangled to death in her bed in Vredendal North on 6 October, 2023. The suspected killer was her boyfriend at the time, and he was arrested the night her body was discovered with multiple scratches, a bloodied nose, and a shoelace tied around her neck. The matter was heard in court on 27 November 2024 and was postponed to 24 February 2025 for the accused to consult with his lawyer.
- KHAYELITSHA REGIONAL COURT: Thimna Kuze, a 13-year-old girl from Khayelitsha, was murdered on 25 March 2023. A day after sleeping over at a friend’s house, she was found in a shack with blood in her nose, mouth and groin area. In November 2024 the case was postponed once again to 21 January 2025 after the defence said he wanted a Xhosa-speaking representative.
- ALEXANDRA MAGISTRATES COURT: Didi Lekganyane, a 32-year-old from Johannesburg, was stabbed to death, allegedly by her husband, in their home in July 2024 after a history of abuse in their relationship. The matter was heard on 29 November 2024 and was postponed to 11 February 2025 for further investigation.
- KUILSRIVIER MAGISTRATES COURT: 71-year-old woman Granny Clover from Strand was raped, allegedly by her grandson, on 13 August 2024. She died on 3 September apparently from natural causes. The 27-year-old accused has abandoned his bail application and will remain in custody to face a charge of rape. The matter was in court on 28 November 2024 and was postponed to 13 January 2025 for further particulars.
- ATLANTIS MAGISTRATES COURT: Joshlin Marthinus, a 27-year-old mother, was killed, allegedly by her ex-boyfriend in September 2024 in Atlantis in the Western Cape. The accused appeared in the Atlantis Magistrates Court on December 2 2024. The case was postponed to 3 March 2025 for further investigation.
In her comment on these cases, Action Society’s Juanita De Preez told BizNews: “Not only do the families of victims have to suffer enormous suffering, pain and sadness because of the loss of a loved one at the hands of callous criminals, their hurt is prolonged because of delay upon delay in courts.
“The serious systemic failure of our criminal justice system should not be something that we ever get used to. ’It is what it is, and that is just how long it takes’ must never be our default perception.
“During the 16 Days of Activism Against Violence Against Women and Children everyone involved with securing justice and preventing crime should really reflect on what these failures mean to victims and their families.
“We hope this leads to pressure from all South Africans to not accept this as the status quo and concrete action from roleplayers on how to action steps to really change the system to be victim-oriented.”
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