Lynda Gledhill
At times this week it seemed as though the paint peeling off the walls was moving faster than justice inside the Johannesburg Magistrate’s Court.
There was nothing that could be done to stop the additional delays in court processes brought on by prosecutors’ refusal to work overtime.
Defence attorneys, who at the beginning of the slowdown were incredulous that proceedings could be further delayed, by the end simply shrugged. “We just have to wait,” one said.
Waiting became the standard for hundreds of people involved in litigation, while prosecutors struggled to balance their professional loyalty and fiscal realities.
“I don’t know what to do,” one prosecutor said. “I love what I do. I don’t want to defend, but financially I may not have a choice.”
The department announced on January 13 that prosecutors and state attorneys would not receive overtime pay for the rest of the fiscal year because of a lack of funds. Prosecutors responded by refusing to work the extra hours at home each night that had helped keep the courts running.
On Wednesday, the department and unions met to discuss the possibility of entering into arbitration. Vusi Pikoli, deputy director general in the Justice Department, said he is still hopeful that the matter can be resolved without formal arbitration.
“I think the union and the department will have some bilateral talks,” he said.
But Joe Strauss, Gauteng representative of the National Union of Prosecutors of South Africa, said he believes arbitration is necessary: “They just want to consult, but we need a way to make progress.”
These ongoing negotiations will not help the people who spent the past week sitting on crowded, uncomfortable benches outside stuffy courtrooms. Witnesses, defence attorneys and police officers all were forced to wait the appearance of the prosecutors.
Throughout the slowdown, courts, which are supposed to start at 9am, were delayed past 10am. Only a couple of cases were handled before it was time for the morning tea break. A few more squeezed through before lunch.
Meanwhile, many of the people who expected to have their day in court were sent home, some for the second or third time.
“I have to take leave from work every time I come,” said a woman waiting for her case to be heard. “They say to come at nine, but then we just wait.”
One defence attorney had eight cases scheduled, but by the end of the day had completed just two bail hearings.
Prosecutors emphasised that the action is not a work stoppage, which is prohibited under law, but that they are now simply doing their job only during the time for which they are paid.
Usually, prosecutors prepare the next day’s cases at home, often working as many as four hours a night. This week, that preparation started at 8am when they arrived at their desks. While they prepare, courts must wait.
A prosecutor with five years’ experience said he earns R77 000 a year. He recently married, bought a house and is still working to pay off years of student loans.
“There are basic needs I am trying to meet,” he said. “I have to have furniture. I have to have a car. It’s not that I am not responsible. I plan my finances, but it is very difficult. We all have bills, especially now after the holidays.”
Each day this prosecutor handles about 20 cases, including six or seven trials. That means preparing about 25 to 30 witnesses. In addition, there are about 3 800 cases still pending from 1997, and old cases dating back as far as 1989.
Along with this daily workload are long- term cases that must be prepared months in advance. One fraud case might run two or three years. In addition, each prosecutor is assigned to five police units and must handle all of these bail applications.
This prosecutor had 18 trials scheduled for January and thought he would be making a certain amount in overtime. He estimates that he averages R1 500 to R2 000 a month in overtime pay.
“This is not excessive,” he said. “We must document our work carefully. If I am sick or take leave, I don’t get the pay.”
The prosecutor said he must be as up-to- date on litigation as the senior defence counsel he is opposing, who may make as much as twice what he does.
Instead of putting in overtime, the prosecutor has been spending time with his wife in the evenings. However, financial concerns mean that this time is not worry- free.
Another prosecutor said he was one of three who ended up in the hospital during the holidays from stress-related conditions. “It is very difficult because so many prosecutors are leaving that those with experience get all of the big cases,” he said.
He said the loss of experienced prosecutors has hit department morale hard. And promises to bring in new prosecutors will not be enough of a solution.
“New prosecutors will not be able to handle big cases,” he said. “If they hired more prosecutors today it would not even start to help until at least three months from now.”
Prosecutors said they hoped they had the support of the public. They all pledge loyalty to the spirit of their work, but insist there has to be a corresponding amount of pay provided.
“The people who are losing are the people in the streets,” one said. “People are getting off for their crimes and they end up right back in the streets with the public.”