Cape Town - Factors such as load shedding, a recent cyber attack, ill staff and the operation of court recording machines have had an impact in the delay of court cases.
The family of 10-year-old Ayesha Kelly of Tafelsig, Mitchells Plain, is one of the families waiting on the case of a loved one to be heard.
On Monday, Insaaf Kelly, Ayesha’s mother and Fayrooz Kelly, Ayesha’s grandmother, faced disappointment when the case, which had been postponed for a year, was again postponed to February 2023 at the Cape High Court.
Cameron Julius and Chadwin Williams are facing a charge of murder.
Ayesha’s trial had previously been set down from May 23 to June 15.
The State is set to prove Julius and Williams shot and killed Ayesha on the evening of December 8, 2019, while she walked to a tuckshop.
Another case is that of Emaan Solomons, 7, who was shot and killed in her front yard in Ocean View in February 2020.
The trial was postponed for a year and set down for April 19 to May 19, only to be moved to August as there was no judge available.
The two accused in the case are Eben Basson and Chivargo Fredericks.
The case of Tazne Van Wyk was also postponed for a year, and the trial began earlier this month, with Moehydien Pangaker in the dock.
Kelly was near tears inside the court Monday and said police and the prosecution had failed to communicate with the family prior to the court date.
“The prosecutor wasn’t even in court, and a colleague stood in for her,” said Kelly.
“When I heard the case was being postponed to February 2023, I was heartbroken. I walked out of the courtroom.”
Fayrooz said the family had faced many disappointments - from a lack of police communication to no counselling.
“When the former police minister Fikile Mbalula visited my home soon after the murder, he said the case would be prioritised, and look now.
““Ayesha would have been 13 years old this year, and there are so many firsts that we are missing, like her becoming a young woman, like her friends. We were robbed of that, and now we just have to sit back and wait for two years for the trial.
Activist and reverend June Dolley-Major also attended the court case and said it was time that Department of Justice employees prioritises their court roll.
“We failed her (Ayesha) when she was alive, and we are failing her in her death. I sat next to the mother when they postponed the case to 2023, and all I could do was rub her back and say I am sorry. What needs to happen is that these public and civil servants will need to either work longer hours or on Saturdays because this is an injustice to the family.”
Mitchells Plain United Residents Association member, Linda Jones, said all role players had a responsibility and attended Emaan’s case.
“We are praying for the judges and magistrates and prosecutors and the NPA, that they will rethink how they sentence these perpetrators.”
The Department of Justice and Constitutional Development’s Departmental media liaison officer, Stephen Mahlangu, said the pandemic also had an impact.
Mahlangu said multiple factors affected the delays in trials.
“At this stage, we cannot comment on the two specific cases referred to in the trailing email, but to the general issue of backlogs as only some of the aspects which may cause backlogs are within the control of the Department of Justice and Constitutional Development.
“As indicated earlier, delays and postponements can be caused by a variety of different factors and criminal justice stakeholders (e.g. SAPS may require time for further investigation or the private legal practitioner for the defence may not be available on a specific day.
“Covid-19 did understandably have an impact on court operations, but it is important to highlight that our courts remained open during all the levels of lockdown and matters involving children were prioritised.
“In this respect, we ensure, as far as possible, that the court recording machines are in working condition. The recent IT ransomware attack on our Department, as well as the effect of load shedding, has had a negative impact on the operation of our court recording machines.
“We are now in the process of repairing the machines in a speedy manner. However, this is certainly not the only reason for cases being postponed for such long periods over years.
“We also have to ensure that all appointed officials are at work daily and which, to a large degree, is being compiled with as staff are no longer on any Covid-related rotation. Our court clerks and interpreters are in court daily, and when such clerks are ill or on leave, a replacement is provided.
“What the above-mentioned shows is that cases of sexual offences, serious violent crimes and GBVF were made an absolute priority, during even to strictest levels of the lockdown.”
The National Prosecuting Authority did not respond to queries.