Unbearably long wait for justice leaves South African families in limbo

South Africa’s crumbling judicial system has created a national crisis of delayed justice, leaving thousands of victims’ families in emotional and financial limbo. The case of Jason Pretorius exemplifies this systemic failure—waiting over two years for his mother’s alleged killer to face trial while navigating a legal system with backlogs approaching 100,000 cases.

Charlene Pretorius, a 43-year-old grandmother described by her son as “my best friend” and “someone kind and loving,” died in May 2023 after being set alight in her car in what authorities allege was gender-based violence. Despite the accused remaining in custody, the trial has been repeatedly postponed due to missing reports, incomplete investigations, judicial unavailability, and administrative failures.

The scale of the crisis is staggering. Official reports indicate 37,000 pending cases, though justice department estimates suggest the actual number may approach 100,000. With only approximately 250 judges serving a population of 60 million—just four judges per million residents—South Africa’s judiciary operates at a fraction of the capacity of comparable nations. India maintains 15 judges per million, while European countries typically exceed 200.

This judicial collapse affects cases across the socioeconomic spectrum. The high-profile murder of national football captain Senzo Meyiwa in 2014 remains unresolved after a decade of botched investigations, changing legal teams, and allegations of police factionalism. Meanwhile, ordinary citizens like Jason Pretorius face dual burdens: emotional trauma compounded by financial strain as he now supports his wife, child, younger sister, and grandmother—responsibilities his mother previously shared.

Government officials acknowledge the crisis. Lucky Mohalaba, head of court administration, admits “some matters could have been processed much quicker” and promises reforms including hiring additional magistrates and potentially extending court hours. However, advocacy groups like Action Society report that victims are losing faith in a system where delays create a “vicious cycle” in a nation with a 90% re-offender rate.

As victims’ families await justice that may take years to arrive, the fundamental legal principle that “justice delayed is justice denied” becomes increasingly evident in a system struggling to maintain public confidence.