Confirmed rise in threats against judiciary: A call for immediate security action
The Department of Justice has confirmed a steep rise in threats targeting members of the judiciary, revealing that 17 Judges and 39 Magistrates required proactive security intervention during the period under review.
The Weekend Argus previously reported that, according to the latest national survey documenting magistrates’ perceptions, nearly a third of judicial officers have been threatened or harmed directly because of their work.
The findings painted a stark picture of the risks facing judicial officials, warning that courtrooms and surrounding facilities have increasingly become danger zones.
Within a 12-month period, 23% of magistrates reported being threatened or harmed “once or twice,” while a further 10% faced multiple incidents.
The Western Cape emerged as the most dangerous province, with 39% of magistrates reporting threats, underscoring deep regional disparities in judicial safety.
Notably, threats are not confined to criminal matters that magistrates are presiding over, but include civil disputes, reporting high levels of intimidation. This shows how deeply rooted the problem has become.
Responding to media enquiries, Samuel Modipane, spokesperson for the Department of Justice, said the Department had proactively acted on all reported threats, both inside and outside court. These included planned attacks, anonymous communications, attempts to disrupt proceedings, and other intimidation efforts.
According to Modipane, each incident was managed swiftly through established security protocols, preventing disruptions to the work of the judiciary. He added that no judge or magistrate has left their post due to safety fears, reflecting the effectiveness of strengthened protection systems.
These systems include close protection during official movements and 24-hour static security at the homes of judicial officers assessed to be at risk.
“While an upward trend in threats has been observed, this has been met with increased vigilance, enhanced personal security awareness initiatives, and improved reporting mechanisms,” Modipane said.
He added that these ongoing efforts “underscore the Department’s commitment to maintaining a safe, stable and enabling environment for the judiciary, thereby safeguarding the integrity of the justice system and ensuring uninterrupted access to justice.”
This situation prompted a sitting of the Select Committee on Security and Justice this week, where the safety of judicial officers, particularly in gang-affected communities, was discussed.
Speaking on the sitting, Nicholas Gotsell highlighted the immediate risks magistrates face.
“The disturbing case of the Mitchell’s Plain magistrate who was followed home, shortly before two women connected to her case were brutally murdered, brings into sharp focus the very real dangers faced by judicial officers, particularly in gang-affected communities,” Gotsell said.
He added that the meeting raised the urgent need for a concrete, coordinated plan to protect magistrates, especially in the Western Cape where violent retaliation, intimidation and recent ‘escapes’ from police custody pose escalating risks.
While the Deputy Minister has assured that both the Magistracy and SAPS are engaged, Gotsell said the current system is still too reactive.
“Threats trigger an immediate 24-hour protection detail, but this may be scaled down or withdrawn once an assessment deemed the risk to be lower. Given the fluid and unpredictable nature of gang intimidation, judicial officers should not be left exposed because the danger is deemed to have temporarily ‘subsided’.”
Responding to a media enquiry from the Weekend Argus, the Department of Justice revealed that 39 magistrates reported threats in the past financial year, yet only 12 currently receive protection, and several were denied ongoing support because a “direct link” could not be established.
“That threshold must be reviewed urgently. In gang-related matters, the absence of a direct link does not mean the absence of danger,” Gotsell said.
Despite these alarming statistics, constructive interventions were discussed. The Judge President of the Western Cape proposed proclaiming correctional facilities as AVR Court sites, or virtual courts.
Gotsell welcomed the proposal, describing it as a genuinely important intervention.
“Virtual courts inside prisons remove the risks associated with transporting high-risk accused through public court buildings and would materially improve safety if implemented swiftly.
“Her proactive engagement and visible leadership on this issue are commendable.”
He also emphasised the need for specialised gang courts.
“The suggestion of dedicated gang courts, while described by the Deputy Minister as a ‘vexed question’, must also be pursued with seriousness and dedication rather than caution.
“The Western Cape has a unique crime profile, and specialised courts, whether permanent or circuit-based, could enhance both efficiency and safety,” he said, urging that virtual courts be made available to regional and district courts if the High Court does not use them immediately.
The committee hearing reinforced the Department of Justice’s responsibility for magistrates’ working conditions and safety, even though magistrates themselves are independent officers.
“We owe it to every magistrate, especially those serving in communities where violence is endemic, to ensure that they can dispense justice without fear for their lives or their families,” Gotsell said.
He concluded by noting he would follow up with the Deputy Minister regarding the Mitchell’s Plain court.
tracy-lynn.ruiters@inl.co.za