Complaints mechanisms
All the departments, institutions and agencies involved in the case strive to provide a service of high standard, but sometimes things can go wrong. Certain steps can be followed if you are dissatisfied during the criminal procedure with the prosecutors or courts about
- the manner in which you were treated
- the information you received
- decisions taken
Prosecutors
The court that handled the case can resolve most complaints. If you have a complaint, contact the senior state prosecutor at the relevant court. If the local prosecutor’s office does not attend to the complaint as expected, contact the chief prosecutor in the area. If the complaint is still not handled satisfactorily, approach the national director of Public Prosecution.
If the complaint is still not handled satisfactorily, approach the Office of the Public Protector.
However, note that this office may only be approached regarding complaints about administrative actions. By law the Office of the Public Protector may not investigate decisions of the court.
The courts If the complaint is about the presiding officer, contact the judicial head of the district. The address and telephone number are available from the local magistrate’s office.
If you are dissatisfied with the response from the judicial head, contact the judicial group head of the relevant area.
If the complaint is about a regional court, contact the president of the regional court in the relevant area. The address and telephone number are available from the local magistrate’s office.
If the complaint is about a judge of the high court, contact the judge president of the relevant section. The address and telephone number are available from the local magistrate’s court or the high court.
If you are dissatisfied with the response, write to the Magistrate’s Commission if the complaint is about a magistrate’s court or to the Judicial Service Commission if the complaint is about a high court. If the complaint is still not dealt with satisfactorily, approach the Office of the Public Protector.
If the complaint is about court personnel, for example clerks or interpreters, contact the court manager. If you are dissatisfied with the response from the court manager, you could write to the director of court services or the director general of the Department of Justice.