The Magistrate’s Court – a quick-fire guide to some basic protocols

While covering the story of the abandoned baby that was discovered in Roosevelt Park, this reporter attended one of the mother’s hearings at the Johannesburg Magistrate’s Court.

It was obvious when sitting in the gallery that she nor her family understood why her bail application hearings were postponed.

The paper decided to put together a very basic overview of some of the sights and processes at play in the Magistrate’s Court.

Attorney Herman Bonnet from Burger Huyser Attorneys in Linden helped dispel some myths and fears that many have.

“One of the more common misconceptions is that the accused is not allowed to ask for clarification during their appearance. If someone does not understand what is being discussed by the prosecutor or magistrate, or even their own lawyer, regardless if it is a state-appointed one or not, you can ask for it to be explained to you. You are not just a pawn in a legal process.”

He said our court system is supposed to be open and should be understandable to the lay person so they fully understand the impact of decisions made about them.

He added that the Constitution says, ‘Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum’.

“There are no winners or losers in any legal battle, there is only a middle road, or a way to find a solution to a problem, even if criminal, to find a suitable outcome in the interests of society rather than a punishment system,” Bonnet explained.

He says some courts function better than others as caseloads continually increase without an expansion of capacity in the judicial system but the vast majority are very competent.

Another point he raised time and time again is that patience is needed for any court process. “Our courts are overburdened and it takes time for matters to be resolved and getting frustrated will not assist in hastening processes but will just frustrate you.”

Here are some pointers that may be helpful to bear in mind if you are visiting the magistrate’s court:

Respect

• All actions in the court room must be done by showing respect to the presiding officer (magistrate) and attorneys.
• When entering or leaving the courtroom, perform a bow to the presiding officer.
• Do not address the court unless requested, unless to ask for clarification on a decision that affects you.Dress code
• Dress conservatively (not casually) and neatly.
• If you are the accused making a court appearance following your arrest, you will wear the clothing you had on when arrested. On this occasion, if your clothing is not conservative, it is overlooked. Prison clothing is only provided when imprisoned.

State-appointed representatives (Legal Aid)

• State-appointed legal representatives are generally overburdened by high caseloads (as are prosecutors) so be patient, but you are allowed to request a consultation before any appearance.
• These legal practitioners are capable and should represent you fairly.
• You are allowed to ask for contact details of your representative.Postponements
  These have severe consequences for the accused and are not be taken lightly. A magistrate will not allow them unless there are compelling reasons such as.
• Further investigation is needed or reports still need to be finalised by the investigating officer (police).
• Docket is not in court.
• At first court appearance, matter is postponed for bail application. Cases can only be postponed for seven days at a time.
• Key witness not present in court.
• Serious illness.Holding cells
•  If arrested, you will be kept in the custody of the Department of Correctional Services (jail) until and if you are granted bail.
• Before each appearance you will be brought from prison to court where you will wait in holding cells under the courthouse.
• You will wait with other inmates for the day at court as transport is usually only provided in the morning, and the end of the day when everyone is taken back to the holding facility.

Public gallery

• Criminal courts are open to the public*, so your family or friends are allowed to watch proceedings but cannot participate in them.* Except in those cases where minors are involved.
• Arrive early to make sure you know which courtroom to go to and ask for help from an official if you need assistance.
• No photographs* may be taken while in the courtroom, under any circumstances. *Unless with express prior permission from the court.
• No public outbursts or communication with the court is allowed, even if you feel what is taking place is unfair. This could land you in contempt of court which may lead to yourself being fined or imprisoned. Be quiet and just observe.
• You are allowed to take notes.