Safety hazard: parliamentary inspection uncovers dire state of South African courts

An unannounced site inspection by members of Parliament and a labour union on various courts in KwaZulu-Natal has revealed the shocking state of neglect of these justice facilities. 

The inspections were conducted early in the week by the Portfolio Committee on Justice and Constitutional Development and the labour union, Public Servants Association of South Africa (PSA), which both issued statements condemning what they saw. 

On its visit to Durban this week, the national Parliament committee found that the court buildings in the city were in appalling conditions, with Verulam Magistrates Court being the worst and urgently needing R70 million to renovate.   

Describing the condition in Verulam, north of Durban, committee chairperson Xola Nqola said in a statement that the court building was crumbling in and out, and some of the courtrooms were no longer usable as ceilings were falling, carpets had developed mould and produced unbearable smell while the walls had cracks. 

The committee described the situation as a “dire state”. 

Some courtrooms do not operate because they have been declared unsafe by the Department of Labour. 

“There are magistrates' chambers and ablution facilities that are no longer in use because the Department of Labour has condemned them,” said Nqola. 

The committee was accompanied by the Department of Public Works and Infrastructure (DPWI) and the Department of Justice and Constitutional Development (DoJ & CD) on its visit to the Verulam Magistrates Court and others. 

The DPWI had not responded to questions sent to their communication units this week.

However, DoJ & CD spokesperson Terrence Manase said newly appointed Justice Minister Mmamoloko Kubayi was in the process of taking action on key challenges within the justice system, particularly regarding infrastructure and accessibility.

He said there were currently approximately 123 courts nationwide that require repairs at an estimated budget of R5.4 billion.

“These range from minor maintenance work, such as plumbing, electrical fixes, and roofing, to major refurbishments involving structural repairs, security enhancements, and accessibility upgrades.

“A detailed assessment is continuously undertaken to update this figure as new challenges arise.” 

He said the department has allocated a portion of its annual budget for court maintenance and repairs.

“However, given the significant infrastructure backlog and financial constraints, the available funds are insufficient to address all repairs simultaneously,” said Manase.

Nqola added: “A plan will now be tabled to address the infrastructural problems.” 

He said the five-floor building should for the next six months be vacated for renovation while court activities should be relocated to new nearby park homes (mobile facilities).

“The committee was informed that R70 million is needed to renovate the court and that would be funded by DPWI,” he said. 

He said the committee held a meeting with relevant departments on Thursday to discuss the way forward as it needed an urgent intervention “as the building is a safety hazard”. 

The committee also visited the 12-floor Durban Magistrates building, which also houses the High Court as its building in Dullah Omar Street was under renovation until November. 

There, they found that there was electricity, water supply, and general maintenance problems. 

“The committee highlighted concerns over the lifts that do not work all the time. 

“We cannot have courts starting later because magistrates, prosecutors, attorneys or the public were waiting for the lifts or even worse, get stuck in the lifts,” said Nqola.

However, the PSA, which also visited and collected information about various courts across the country, painted an even gloomier picture of the justice buildings. 

PSA national chairperson Earnest Mkhize said the Verulam court building had been in a dilapidated condition for a decade.  

He said the union had, for the past four years, been raising concerns about the condition of the Verulam court without any action from the justice. 

“They had confirmed a budget, which was approved and they had a plan and then with labour, we agreed to move from the old building to a new Family Court. 

“But the stripping of the roof at the old court building was postponed until we were told that the Department of Public Works says there is no money, but we knew that there was R175 million that was set aside for Verulam court only.” 

Describing the pain of being inside the court building, Mkhize said that during rainy days, the roof leaks, leading to ceiling boards disintegrating and falling, while the carpet was decomposing from moisture. 

“Last Friday (March 21), when I was there inspecting the building, it was raining outside, and when I got inside, it was raining profusely, but the court staff continued working,” he said, adding that he also said he saw cracks on the walls, with bricks falling while birds and cats were able to sneak into the building. 

He said luckily, the court documents were spared from damage. 

Mkhize also described the conditions at various courts as being almost the same and very clumsy.

He said the Umbumbulu Magistrate's Court, which was refurbished a few years ago, was leaking “like nobody’s business”. 

“The Dundee Magistrate's Court, which I visited, is looking very pretty from the outside, but whenever it leaks, nothing works.

“No computers are working, and the aircons are not working because the roof is leaking everywhere. 

“You go to the Pietermaritzburg Magistrate's Court; it is leaking,” he said. 

He said he found the Newcastle Magistrate's Court building was nothing resembling a court. 

“I was taken aback when I visited the area. The court is a combination of structures, which were previously used as a clinic, and another one used to belong to the army, I think. 

“The walls are dilapidated, and it is leaking, and I don’t know how to explain what I have seen,” said Mkhize. 

He said other courts that needed urgent attention were Umlazi, Scottburgh, Umbumbulu, Dundee, and Mpumalanga province High Court.

“There is a court in Northern Cape that was recently shut down; in North West, courts are dilapidated,” he said.     

 bongani.hans@inl.co.za