Govt should decentralise judicial service system

done by magistrates.
This unsung group of men and women handle the overwhelming bulk of criminal cases, and a lot of the sort of civil cases that most people outside the business world are taken to court over.
This is one reason why magistrates courts are found in the cities and larger towns, but not, unfortunately, in many of the smaller centres.
Justice Rita Makarau of the Supreme Court brought this up last week and strongly recommended that court rooms could be attached to almost every rural police station so that magistrates, either based in the smaller centres or on tour, could hear cases where those involved lived.
At the moment the accused, witnesses for the State and defence, and those involved in family cases such as maintenance claims and the like have to be taken or have to travel to the nearest town.
The Government does offer something to help with travel expenses, but cannot compensate anyone for lost time and the small sums do not really cover all the costs.
Even if magistrates had to travel, it would not be a burden.
A magistrate, prosecutor and clerk could all go in the same car on a day trip and clear quite a lot of the criminal and civil matters at a rural centre.
The car could even be the magistrate’s official car, something that they all need.
Everyone needed at the court could be gathered quickly. If any additional witnesses were desired by the court, they could be found the same day.
At the same time those not needed by the court but involved in some way, such as family and friends of accused people and their victims, families of those trying to sort out some personal civil matter, could easily attend the court and could see justice done.
That is more important than many realise. The administration of justice should involve all who are affected; it should not be something done at long range out of sight of the people and communities involved.
So we can improve the administration of justice, and cut the costs, by implementing Justice Mukarau’s suggestions.
It would not be that difficult.
There was a time when magistrates did go to all district centres, and a room in the local police station or district administrator’s compound was turned into a court room.
These days something a bit more formal is needed, but it need not be expensive.
Most court rooms in the High Court are simply a former office with a proper judicial bench, carpentry that could easily be done locally at most police stations.
Many of the smaller centres will not need a resident magistrate, but a weekly or fortnightly visit could do a great deal.
At one time policemen would prosecute the simpler cases in the smaller centres.
These days many of those offences are now covered by the deposit fine system for those who wish to plead guilty. But we see no reason why a policeman who has had a little training cannot prosecute a minor defended traffic offence or some of the other ordinary run of mill cases that tend to be the bread and butter of rural policing.
Taking the courts to the people would also give them the opportunity to use the law and not try and take matters into their own hands.
If someone’s cows eat someone else’s maize then it should be possible to have a court at hand that can hear the matter quickly, and even look at the field with little bother, and give justice.
Right now some of those cases do end up before a magistrate, but in a criminal case because someone thumped the person thought to be at fault.
So for all these reasons we hope the Ministries of Justice, Home Affairs and Finance will figure out a way for these rural court rooms to be established and staffed or visited by magistrates and other court officials.