Let’s dispense justice quickly, efficiently

South Africa — and, indeed, the world — was distraught over the raping and killing of 19-year-old university student Uyinene Mrwetyana on August 24, 2019.

On November 15, the Western Cape High Court sentenced Uyinene’s killer, Luyanda Botha, to three life sentences and five years direct imprisonment for the crimes.

Why is justice not being dispensed as speedily in our country? Ivy Wangechi, a Moi University medical student, was murdered on April 9 this year.

The trial is yet to start. And no, the reason is not the dwindling resources in the Judiciary.

We are a litigious society in a criminal world and we can’t seem to reconcile our disputes without involving the courts.

The ease of filing a case with the courts has become our undoing as we seek an injunction to protect ourselves, a court order to stick it to the other side, or a judgment to give us the satisfaction we need.

Yet alternative dispute resolution (ADR) is available and designed to resolve our disputes quicker than following the lengthy costly court process.

There is no harm in a negotiation to come to a resolution. Neither is it a sign that your case is weak or lacks merit.

If ADR does not work, by all means, seek legal action. Of course, where a crime has been committed, due process has to be followed.

Our police officers should also be a key player in dealing with minor offences through a system of issuing penalty notices.

A chicken thief, for example, could be fined on the spot rather than prosecuted. Instead, the courts are clogged, with petty offences taking up much needed time and resources.

The courts have not aided themselves either by prosecuting the chicken thief more quicker.

We need to accept that our justice system as designed is delaying justice for major crimes and high-profile cases, to the frustration of the general public.

In rare unity, all three State organs agree that it is in the public interest for high-profile cases to be heard expeditiously.

If we are truly intent on meeting this expectation, our Judiciary should seriously consider a fast-tracked court system for these cases.

The Judiciary has exemplified this possibility by hearing presidential election petitions speedily and timely.

To also ensure evidence is not tampered with or presented at the last minute for the other side to analyse and respond to, it is time to introduce a fixed timeline for every stage of the court process.

This will not compromise the case being heard on its merits. If anything, it will do away with cases being adjourned multiple times with no end in sight.

We have had enough of holding out on taking legal action to avoid the lengthy, laborious court process, only for us to take the legal route to find the judge isn’t sitting today or the lawyer on the other side did not follow due process, wasting the court’s and citizens’ resources.

Let us rethink our justice system to grant victims the timely justice they deserve and get more suspects either in jail or innocent and free.