Members of the public have expressed anger and frustration after being denied entry to the Mitchells Plain Magistrate’s Court, with many claiming the decision not only prevents them from witnessing justice in action but also places their own safety at risk.

The restrictions were implemented following a shooting incident outside the court on 26 August 2025. According to the Department of Justice and Constitutional Development, overcrowding at courts in the area has occasionally led to security threats and the compromise of sensitive information, prompting authorities to take precautionary measures.

In consultation with the Judiciary, the National Prosecuting Authority (NPA), and other stakeholders, the Court Security Committee temporarily restricted public access to manage crowds and protect everyone within the court precinct.

While the principle of open justice remains a cornerstone of South Africa’s legal system, officials said there are circumstances where access may be limited. Factors include the nature of the cases, particularly those involving gangsterism or organised crime; potential safety threats; public health concerns; and the need to protect witnesses, court users, and staff.

However, many community members argue that these measures are excessive. “We have a right to see justice being served. Being told to stay outside doesn’t make us safe; it leaves us vulnerable,” said one resident. Others expressed concern that such restrictions undermine transparency and public trust in the judicial process.

Linda Jones, Court Watching Brief Member of the Mitchell’s Plain United Residents’ Association and the Public Relations Officer for the Mitchell’s Plain Community Policing Forum highlighted the ongoing dangers inside and outside the court: “With all gangster cases appearing,there is automatically a need for more police inside the court, they need to make sure court attendees are safe, the staff are safe everyone, but this takes resources away from other duties.”

She said  with more than one gang inside the court, commotion happens outside the corridors, and then confrontation between the gangsters.

People are concerned about their safety outside the gates, it started to become a big safety hazard, so the decision was made.”

Jones however said not long after, the public was allowed back inside again.

“As soon as everyone went in, it was back to square one, so now they allow one or two members of the accused inside, but what happens now are three members of the same gang appearing, so six who are there for the accused are now inside that court, which is unfair to the deceased family, so I completely understand the frustration.

“This is also something that will be addressed, however at the moment safety is the main concern and even journalists who want to attend court 4 proceedings will need an application to listen to the hearing.”

Samuel Modipane, spokesperson for the Department of Justice, said: “The Department reaffirms its commitment to transparency, fairness, and the constitutional right of access to justice. At the same time, the safety of court users, officials, and the public remains our top priority. Decisions to limit access are never taken lightly and are always made in consultation with the Judiciary and other relevant stakeholders.”

The Department said the situation has been reviewed internally by the Judiciary, the NPA, the Provincial Office, and other relevant stakeholders, including the Court Security Committee. Authorities have pledged to continue working together to find a balance between open justice and public safety.

Despite these assurances, public sentiment remains critical. Many in Mitchells Plain feel that their voices are sidelined, and that justice cannot be fully served if they are forced to watch from outside the courtroom gates.

tracy-lynn.ruiters@inl.co.za

Weekend Argus 

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