150 rape cases stalled amid magistrate shortage

OVER 150 rape cases have been stalled at the Pigg’s Peak Magistrates Court following the non-appointment of a principal magistrate.

This has seen a delay in survivors getting justice. Most of these cases were committed last year up until now.

When including those of previous years, the number is possibly higher given the fact that a few years ago there was a directive that all rape cases be presided over at the High Court, until recently when another order was made by the Chief Justice to take back all the rape cases to Magistrates Courts.

The northern Hhohho Region recorded relatively higher rape cases. From January last year until January this year, over 150 cases of rape were reported to the police. Pigg’s Peak police alone attended to over 100 cases, followed by Buhleni and Mliba police posts.

This has seen all these cases being postponed without a trial date set, as that could only be done when there is a principal magistrate who can preside over such matters.

It should be noted that Pigg’s Peak Principal Magistrate Siphosini Dlamini retired at the end of February last year.

Since then, all rape cases and armed robbery cases have not been tried or do not have a trial date.

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Pigg’s Peak has only one magistrate, Nkosingiphile Maseko, who is junior to preside over such cases. In addition, Senior Magistrate Sindisile Zwane is provisionally available only on Wednesdays in Pigg’s Peak.

She also cannot preside over rape cases.

Some survivors who spoke to this publication said they had lost hope with the way things are going.

“We are losing confidence in the justice system.”

In the same vein, some suspects also feel the delay in the commencement of their trials was affecting them as they are unable to carry on with their lives.

Survivors feel the justice system was failing them, especially as they see the perpetrators out on the streets living their lives.

It could be noted that some of the suspects are out on bail, while others are still in custody and cannot move bail applications, while others were denied bail for various reasons.

There are now concerns from judicial officers and police officers over the delay of trial dates, as there is fear of losing evidence or it being tampered with.

Recently, Pigg’s Peak Magistrate Nkosingiphile Maseko raised concerns over the cases which were still pending, waiting for the appointment of a principal magistrate.

“In some cases the suspects have a good defence and at the same time are unable to pay bail. It is unfair to keep those people in custody for such a long time without trial,” he said.

He added that this was a cause for concern as people’s constitutional rights were being infringed.

Meanwhile, Judicial Service Commission (JSC) Secretary Siphiwo Masuku said in terms of Section 160 of the Constitution, magistrates are appointed by the JSC.

However, she clarified that judicial posts are created by the Ministry of Public Service.

Masuku added that the JSC had requested posts for principal magistrates, senior and ordinary magistrates from the ministry and was awaiting the creation of those posts.

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On that note, Minister of Public Service Mabulala Maseko said his ministry was available to assist every government ministry or department when it came to the issue of posts, but it all depended on the availability of the budget.

He said without adequate cash flow it would be difficult to create posts and eventually hire more personnel.

“If the budget permits, we will surely ensure that those posts are filled. We cannot hire anyhow, but must do so gradually to manage the wage bill and avoid government employees not being paid,” he said.

Maseko added that the ministry also considered the availability of proper infrastructure before creating posts.

In the case of magistrates, he said they had to assess whether courtrooms were in proper condition and if there was enough support staff.