TRC Final Report

Volume 5

Chapter 8

Subsection 15

Witness protection

Protection of complainants

55 In many cases victims are unwilling to lay charges because of fear of reprisals from the persons whom they implicate. The current system of witness protection is dysfunctional and inhibits successful prosecutions. The establishment of a fair, efficient and all-embracing programme is seen as a matter of urgency.

Protection of other state witnesses

56 The exposure of politically motivated human rights abuses has only been possible as a result of perpetrators coming forward and “blowing the whistle” on their organisations’ activities. Similarly, if organised crime is to be combated, those involved in crime syndicates will have to come forward. This is only likely if such persons are assured of comprehensive witness protection.

Juvenile offenders

57 A growing number of accused persons appearing on a daily basis in South African courts are juveniles. The Commission thus recommends that:

MORE EXTENSIVE PROBATION SERVICES BE MADE AVAILABLE, TO ENSURE THAT JUVENILES RECEIVE APPROPRIATE SENTENCES.

SECURE PLACES OF SAFETY FOR AWAITING-TRIAL JUVENILE OFFENDERS BE CONSTRUCTED AS A MATTER OF URGENCY.

THE POLICE MAKE PROPER EFFORTS TO TRACE THE RELATIVES OF JUVENILES WHO HAVE COMMITTED CRIMES OUTSIDE THE MAGISTERIAL DISTRICTS IN WHICH THEY LIVE.

THE POSSIBILITY OF LAW STUDENTS ACTING AS PUBLIC DEFENDERS TO REPRESENT JUVENILE OFFENDERS IN COURT BE EXPLORED, EVEN BEFORE THE INTRODUCTION OF STUDENT PRACTICE RULES.

Representivity

58 The Commission recommends that:

IMBALANCES IN THE RACIAL AND GENDER COMPOSITION OF JUDGES IN THE HIGH COURT BE URGENTLY ADDRESSED.

A FAST-TRACK JUDICIAL TRAINING PROGRAM BE INTRODUCED FOR BLACK AND WOMAN ADVOCATES, ATTORNEYS OR ACADEMICS WHO ASPIRE TO JUDICIAL APPOINTMENT.

AN ATTEMPT BE MADE TO ATTRACT MORE PRIVATE PRACTITIONERS TO AN APPOINTMENT ON THE BENCH.

IMBALANCES IN THE GENDER COMPOSITION OF THE MAGISTRACY BE ADDRESSED.

BECAUSE MOST MAGISTRATES PRESENTLY SITTING HAVE ONLY STATE PROSECUTION EXPERIENCE, MAGISTRATES BE APPOINTED FROM PRIVATE PRACTICE.