Eyewitnesses share accounts of harassment and warnings In 2024, a 22-year-old woman with two children was hit by a stray bullet during a gan...
Eyewitnesses share accounts of harassment and warnings
In 2024, a 22-year-old woman with two children was hit by a stray bullet during a gang confrontation in Lavender Hill, located on the Cape Flats. That same year, she received a court order to appear at Wynberg Magistrates' Court as a witness to the event, which resulted in three fatalities. She is among hundreds of witnesses caught in the chaos of a deteriorating legal system.
"I felt completely vulnerable and isolated. There was absolutely no assistance or safeguard," she states.
Even during the nights when I was at home, gang leaders would pass by my house, shooting bullets through my windows. My children and I had to hide under our beds for safety. Often, the police didn't even take my calls seriously. And when they did, they would only show up the next day.
She ultimately presented her testimony in a courtroom filled with mobsters and their relatives.
Two criminals were found guilty and received extended prison sentences. However, she endured immense suffering to reach that point.
A two-month investigation into the operation of criminal courts in Cape Town and the Western Cape reveals the violence, fear, and death threats that witnesses endure, along with the constant delays, lost records, hundreds of dismissed cases, and the overall feeling of despair among those involved. We spoke to numerous magistrates, prosecutors, defendants, and witnesses, most of whom preferred to remain anonymous for clear reasons.
A woman from Elsies River mentioned that when she had to give testimony earlier this year against her former partner, who was charged with repeated domestic abuse, "it was more frightening than the actual attacks".
"Immediately after I reached the court, I was confronted outside by my boyfriend's family. I was pushed, hit, and threatened with my life. There were police officers present who witnessed the incident, but none intervened to assist me," she stated.
But her hardship had only just started.
Being in the court corridor surrounded by her boyfriend's family and friends was a complete nightmare. She claimed she was continuously threatened and mistreated, and was told that if she didn't withdraw her testimony, her house would be set on fire and her children would be harmed.
This continued for six months, with the case being delayed nine times.
When the case was eventually brought up, she stated that she was too frightened and emotionally shaken to give testimony. The case, similar to many others throughout Cape Town, was dismissed, allowing the accused to go free.
"I have been made to suffer, and I continue to live in fear each and every day," she stated.
The National Prosecuting Authority provides "guidelines" for witnesses (see the gray box below). However, many of these are ineffective without adequate safeguards. In courtrooms throughout the city, witnesses share accounts of being threatened and harassed.
In numerous cases, they endanger their lives while seeking fairness, but the legal system appears to have turned its back on them, making them susceptible to a framework where unfairness frequently dominates.
A prosecutor from Bellville Magistrates' Court states that individuals charged with offenses are given "significantly more support and empathy" compared to the victims of their actions.
We can't keep going this way," he states. "The system must safeguard victims and provide them with a secure setting to give testimony against individuals charged with major offenses. Currently, victims are the ones who endure hardship, while those accused of crimes mock them.
A prominent criminal lawyer from Cape Town agrees. "Witnesses are the most disadvantaged individuals in the criminal justice system. They risk their lives to seek justice for everyone, yet they themselves suffer from clear injustice," she states.
She claims that demands for reforms in the judicial system to acknowledge and safeguard the essential role of witnesses in ensuring justice are consistently overlooked.
"Individuals who testify are fulfilling their responsibilities as citizens. In numerous cases, they risk facing serious threats. We must discover methods to safeguard them and allow them to provide testimony in legal proceedings without hesitation. Unfortunately, it is the offenders who receive protection, while innocent witnesses are left to manage on their own," she states.
We require specific, safe spaces for witnesses to wait before testifying. We must avoid a scenario where witnesses are seated on corridor benches alongside the individuals they are accusing.
She adds that witnesses should also be provided with protection when traveling to and from the court.
It's ridiculous to expect witnesses—many of whom are also victims in these cases—to navigate their own way to and from court, without any protection. What kind of justice is that? These individuals are central to our judicial system. Without them, there is no justice system.
She additionally advocates for enhanced security measures within court facilities.
A large number of courts lack operational metal (firearm) detection equipment at the entrance. Individuals are free to enter and exit without restriction.
We must recognize that, by their very essence, courts are filled with defendants—frequently individuals who are hardened criminals. Why aren't we safeguarding the courageous witnesses who are willing to provide testimony against them?
David Capel is a independent reporter. This marks the beginning of a brief series examining the management of district criminal courts in Cape Town.
Advice for witnesses
The NPA offers the following "Witness Tips."
However, the majority of these are ineffective without adequate safeguards.
- List the names of the police officers handling your case, the name of the State Prosecutor, dates of your meetings, and other important details you wish to keep in mind during the court process.
- Store all your legal papers in an envelope and keep them in a secure location. Share your emotions with someone you have confidence in. (You should only discuss your feelings and avoid mentioning any evidence).
- Discuss with the lawyer or the police officer about giving evidence in court. (Engaging in a new activity like appearing in court can seem intimidating. If you feel anxious about attending court, it's crucial to express your emotions.)
- If an individual is causing you to fear appearing in court by actions such as following you, making threatening phone calls, or giving ominous signals, it is crucial to inform the police officer immediately.
- Contact the legal representative or district attorney to discuss the support available for minors serving as witnesses.
- Notify the investigating officer, attorney, or prosecutor if you change residence, attend a different school, or obtain a new phone number.
- Go to the courtroom prior to giving your testimony. (You may be allowed entry into the courtroom and also provided with details regarding court procedures and the roles of participants.)
- Notify the attorney or prosecutor if you are pregnant or have any specific requirements because of a disability, or a medical condition such as asthma, diabetes, or epilepsy.
- Inform the investigating officer if you require transportation or a place to stay in order to appear in court, especially if it is located far from your residence.
- Inquire with the attorney or law enforcement officer about the location to meet them in order to go over your details prior to entering the courtroom.
- If you are employed, your employer is required to provide you with time off to participate in court proceedings.
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