The Democratic Alliance (DA) today conducted an oversight inspection at the Motherwell Magistrates’ Court in Nelson Mandela Bay.
At a time when far too many justice facilities across South Africa are characterised by neglect, crumbling infrastructure and poor maintenance, it is important to recognise excellence where it exists. Motherwell Magistrates’ Court is a refreshing exception.
The court building is clean, well-maintained and functional. The courtrooms are in good condition, the public areas are orderly, and the facility reflects pride in the administration of justice. Credit must be given to the management and staff who have clearly worked hard to ensure that the court remains a dignified institution worthy of the community it serves.
This demonstrates an important truth: where there is capable management, accountability and commitment, public infrastructure can be properly maintained despite financial and administrative pressures.
Unfortunately, this positive story is overshadowed by a glaring and potentially dangerous failure that threatens everyone who works in or visits the court.
The court’s security infrastructure has effectively collapsed.
We were informed that the body scanners and baggage scanners at the court’s entrances have been non-functional since approximately 2015. That means that for more than a decade, every person entering the building has done so without proper electronic screening.
In a country where violence within court precincts is an ever-present concern, this is simply unacceptable.
Magistrates, prosecutors, interpreters, clerks, legal practitioners, members of the South African Police Service, accused persons, witnesses and members of the public all deserve to know that basic security measures are in place when they enter a court building. Instead, Motherwell Magistrates’ Court has been operating without one of the most fundamental layers of protection available.
Even more concerning is the ease with which unauthorised individuals could gain direct access to restricted areas occupied by prosecutors and magistrates.
The physical layout and inadequate access control create obvious security vulnerabilities. Individuals are able to reach areas intended for judicial officers and prosecutors with alarming ease. This exposes officials to unnecessary risks, particularly given the emotionally charged nature of criminal proceedings and the increasing threats faced by those involved in the criminal justice system.
South Africa has witnessed several violent incidents at courts over the years. These incidents have demonstrated that courts cannot rely on good fortune as a security strategy. Security failures do not become serious only after tragedy strikes—they are serious the moment they are identified and ignored.
The Department of Justice and Constitutional Development has a constitutional obligation not only to provide access to justice but also to ensure that the environments in which justice is administered are safe and secure.
The fact that critical security equipment has reportedly remained out of operation for over ten years raises deeply troubling questions.
Why has this situation been allowed to continue for such an extraordinary period?
The DA will be raising these matters directly with the Department of Justice and Constitutional Development and will seek clear timelines for the repair or replacement of all security screening equipment at the court.
In addition, we will request a comprehensive review of access control measures to ensure that prosecutors’ offices, magistrates’ chambers and other restricted areas are properly secured against unauthorised entry.
The safety of judicial officers and court personnel cannot be treated as an administrative afterthought.
At the same time, we believe Motherwell Magistrates’ Court deserves recognition for what it has achieved.
The challenge now is for the Department to match that commitment by addressing the glaring security deficiencies that place the entire justice system at risk.
The lesson from today’s oversight is twofold.
Justice must not only be done—it must be administered in an environment that is safe, secure and worthy of public confidence.
The DA will continue to exercise robust oversight over both the physical condition and the security of our courts so that they receive the attention they deserve. The people of Nelson Mandela Bay, as well as every person who enters Motherwell Magistrates’ Court, deserve nothing less.