29 Mar 2022

Members of Parliament (MPs) were unanimous in their support for the Magistrates’ Courts (Amendment) Bill of 2021. 

Presented by Minister of Defence, Justice and Security and Security, Mr Kagiso Mmusi for second reading in Parliament on Monday, the three-clause Bill sought to increase powers of magistrates to deal with both criminal and civil cases, and also empower magistrates to award bigger penalties for serious crimes. 

Selebi Phikwe West MP, Mr Dithapelo Keorapetse supported the proposal to increase the jurisdiction of magistrates.

However, Mr Keorapetse pointed that the move would result in magistrate courts hearing cases that used to be taken to high courts. 

He therefore called for increase in the number of magistrates across the country, as well as the magistrate courts and court rooms. 

He added that more qualified magistrates were required. 

“As we speak now the magistrates are overwhelmed by cases. More jurisdiction means more responsibility to them.  Therefore, more magistrates will be required,” he said. 

Mr Keorapetse further urged the ministry to improve welfare and accommodation conditions of magistrates, including their security. 

He further said the training, development, progression and remuneration of magistrates should be improved. 

Nata/Gweta MP, Mr Polson Majaga was in support of the Bill, saying it would speed up disposal of cases by the judicial system. “Cases have been pending due to lack of sentencing powers of magistrates equivalent to their positions. 

By so doing (increasing powers of magistrates) many cases will not be referred to the high courts. 

They will be disposed by the magistrates which will be good because magistrate courts are in many parts of the country,” Mr Majaga said. 

Mr Majaga advised the ministry to construct more magistrate courts around the country to reduce the distance travelled by people to access such courts. 

Takatokwane MP, Mr Tshoganetso Leuwe said it was a good thing that the Bill was aiming to improve the judicial system, since the society was concerned by delay in the disposal of cases. 

Mr Leuwe also asked the minister to make further amendments to the Act to tighten regulations on bail for criminals. 

Palapye MP, Mr Onneetse Ramogapi said the move to increase jurisdiction of magistrates was a good one since the low jurisdiction of magistrates on civil cases resulted in many cases being taken to the high courts. 

“However, as we increase the jurisdiction, it is only fair for the security and salaries of magistrates to be increased as well,” Mr Ramogapi said. 

Shashe West MP, Mr Fidelis Molao said the Bill would restore public confidence in the judicial system, since slow disposal of cases led to people losing faith in the system.  

After going through committee stage and third reading on the same day, the Bill was passed by Parliament on Monday evening. ends