Analysis of S.A. Court performance

S.A. district and regional court performance

O’Donovan MA and Redpath J

2025-07-02

Introduction

Statistical review of NPA turnover and outcomes for the years 2018 to 2024 (inclusive).

The main goal of this analysis was to determine to utility of the data provided - particularly with a view to understanding congestion in the district and regional courts. The data is restricted to criminal cases brought before the relevant courts.

The criminal justice system as a whole

Overview of cases reported in 2024

The link takes you to a graphic showing how cases reported to SAPS in 2024 had progressed across the criminal justice system by May 9, 2025. The width of the interacting lines are proportional to the number of cases of that crime type between each of the steps. The largest category of crime type is referred to as ‘small cats’ - this is a bucket of all charges where fewer than 10 000 charges were recorded.

Click here for an interactive graph of criminal justice system activity

The above links works best in Firefox. Chrome users may prefer to use the link below.

Click here CHROME version: Interactive graph of criminal justice system activity

The congestion on the above plot at the right hand side makes it necessary to provide a second plot which details the progression of cases once they had been enrolled in court. Again the links are coloured according to the crime type.

Click here Detail of outcomes

Attrition over time

The “weakness” of using 2024 data is that a relatively high proportion of cases reported to SAPS in 2024 will not been concluded by early May 2025. As it stands 21.2% of 2024 cases enrolled in court were still ‘open’. Between 2020 and 2023 the proportion of ‘open’ cases ranges from a start of 1.4% to 6.7% in 2023.

Proportion of cases currently: open by year lodged

Year % cases still open
2020 1.4%
2021 2.7%
2022 4.0%
2023 6.7%
2024 21.2%

The 21.2% can thus be expected to be decline significantly in the coming years. However the earlier data also shows that it is likely that many of the open cases will be closed by being struck off the roll. Between 2020 and 2023 the proportion of cases that were ‘open’ or had been ‘withdrawn’ or ‘struck off the roll’ was 65.1%, 64.5%, 64.7% and 65.6% respectively. It is conjectured that a similar proportion (65%) of 2024 cases will ultimately be struck off the roll. Based on this it can be expected that 4.5% of cases will progress from ‘open’ to ‘withdrawn/struck off the roll’ resulting in the 21.2% dropping to 16.7%. In the coming years another 10% of the ‘open cases’ are likely to be resolved by other means (sentence, diversion etc.)

Contextualising: 2024

After 2018 (the first year for which data is available) there was a pronounced drop in the number of cases enrolled in South Africa courts. The 700 000 cases in 2018 bottomed out to 420 000 in 2021/2022. By 2024 the number of cases had risen to just over 700 000 thereby exceeding the 2018 count.

The graphic below reflects the time trend for the major crime categories. Those crimes where more than 10 000 cases were enrolled in 2024 are detailed. All smaller crime categories were merged into the group entitled ‘small cat’. In 2024 the ‘small cat’ group was the single largest crime category with 148 000 enrolments. The next largest group was assault gbh (120 000).

Time trend of case types enrolled.

Time trend of case types enrolled.

After 2022 there was a general increase in all major crime categories. The increase in immigration offences has been the most rapid. The number of immigration-related enrolments rose from 17 000 cases in 2018 to 64 000 in 2024.

Differentiating courts

Of pivotal interest is the differentiation between district court and the “higher” regional courts. With respect to jurisdiction the primary difference between the courts is that district courts has jurisdiction over all criminal matters excluding treason, murder and rape. Conversely only regional courts are entitled to hear and sentence such cases. Some regional courts also presided over divorce and civil cases. In December 2020 were all regional courts mandated to hear civil matters. However the civil matters fall beyond the purview of this analysis.

Magistrate count

As on 16 August 2024, there were 1 724 permanently appointed magistrates presiding over the various district and regional courts. This includes 9 Regional Court Presidents, 319 Regional magistrates, 14 Chief Magistrates, 95 Senior Magistrates and 1 287 District Magistrates 1 PMG: 26559. Ignoring the senior magistrates it is apparent that 20 percent of permanent appointees are regional magistrates.

The 702 684 2 closed case dataset cases finalised in 2024 were split between the lower district courts and regional courts. Typically about 13% of all cases enrolled were in regional courts indicating the clear numerical dominance of district courts in closing criminal matters.

Relative volume

Despite the fact that there are almost 1 300 district magistrates and 320 regional magistrates (who also hear civil matters) the number of criminal matters currently 3 ‘open cases’ before the two court types are almost equal. The extra volume of cases before regional cases is largely attributable to historic backlogs.

Number of open cases: 2025

Court type open cases
District 179611
Regional 105027

Despite that regional courts having only 20 percent of sitting magistrates over one-third of current criminal cases are enrolled in Regional Courts. A, possibly inevitable, result of regional courts having to deal with a) more serious offences, b) civil, c) divorce cases and d) a large backlog is regional courts taking ever-longer to finalise cases.

The Minister of Justice and Constitutional development claims judicial officers strive to “finalise criminal matters within six months after (sic) the accused has pleaded to the charge”. 4 PMG: 26559. This provides a key metric to assess the performance of the courts. The ‘open cases’ dataset shows that currently one-third of criminal cases in district courts were not finalised within the 180 days. By contrast 93 percent of regional court criminal cases were not finalised with the specified period.

Proportion of cases open 6 months after plea.

Court type Percentage
District 35.1
Regional 92.8

While some individual cases make take several years to be finalised a small proportion of cases in district courts are finalised on the day of plea. This wide distribution of case duration results in the clearest way of comparing patterns is to look at where the numbers concentrate. To do this it is necessary to take the logarithm of the time taken. 5 Taking log values spreads small values while squashing large values along the horizontal axis. The log transformation of data ensures, inter alia, that exceptionally long case duration do not skew impressions. This is illustrated in the density plots below. To keep figures comparable cases resolved on the day of plea have been excluded (regional courts do not deal with cases that can be readily discharged so quickly).

Number of days since plea (log values).

Number of days since plea (log values).

The graphic illustrates that by the time 80 percent of district courts cases have been finalised only 20 percent of regional court cases had been concluded.

However the data on open cases does not reflect the full duration of the time taken for cases to be finalised (or the experience of those accused). Verdicts and sentences may still be some time off adding further to the duration of cases. To examine the expected length of cases it is necessary to restrict analysis to closed cases.

Closed cases

The NPA provided details of closed cases (i.e. those finalised) for the period 2018 to 2024 (inclusive). In additional to the analysis of time between plea and finalisation (above) the data allows for the analysis of the duration of cases between first appearance and plea. While six months is “allowed” between plea and finalisation an additional three month is permitted between the first appearance of the accused and plea. Overall the criminal justice system thus requires that criminal cases are finalised within a total of nine months (270 days) of first appearance. During the period 2021 to 2024 fifteen percent of district cases exceeded this stipulated timeline. By contrast almost three-quarters of regional court cases were still to be finalised after the 270 days.

Proportion of cases not resolve within 9 months

Court Type Percent
District 14.7
Regional 73.5

Comparative analysis

Superficially it would seem that the backlog falling on the relatively small number of regional magistrates contributes to their inability to conclude cases timeously. It is postulated that a significant proportion of regional magistrate’s time is spent postponing matters rather than hearing cases. This is possibly supported by data on how many times cases have been postponed6 open cases data (so far). In cases currently before district courts there have already been an average of 4 postponements to date. In regional courts that figure rises to 15.7 Statistics are based on log values

Average number of postponements in current cases

Court type # to date
District 3.9
Regional 14.6

Reasons for postponements

In district courts one-fifth (21 percent) of postponements were for further investigation - by far the single biggest reason for postponing cases. This suggests that a significant proportion of cases before these courts were not ready for trial. The next most frequently cited reason (6 percent) was to set a date for the actual trial. Another two percent of cases were postponed for continuation of the trial at a later date. This implies that 93 percent of postponements in district courts were for reasons other than starting or continuing the trial.

In regional courts a somewhat different picture emerges. Only two percent of cases were postponed for “further investigation”. The single biggest reason for postponing cases (9 percent) was for setting the trial date followed by continuation of the trial (5 percent). In regional courts 84 percent of postponements were thus for reasons other than the start or continuation of trials.

Outcomes

Having to postpone cases for further investigation etc. would contribute to the total number of postponements. Given that a larger proportion of postponements in district courts are for investigation rather than for trial the high number of postponements in regional courts is somewhat surprising. Some light on the subject is shed by examining how cases are finalised. The closed data set reveals details as to how cases were finalised. A detailed breakdown of the outcome of cases is presented below (2024).

Column percentages of case outcomes

District Regional
0.0 0.0
Accused Deceased 0.1 0.4
Accused doli incupax 0.0 0.0
Admission of Guilt to the Court Results 2.1 0.0
Alternative Dispute Resolution 1.0 0.1
Charge not put to the Accused 2.2 7.3
Child Justice Case 0.1 0.2
Discharged 1.0 2.4
Diversion Successful 0.4 0.0
Merged 0.3 0.4
Not Guilty 1.7 8.2
Prosecution Stayed 0.0 0.0
Reffered For Mediation 0.0 0.0
Rehabilitation centre 0.0 0.0
Sentence 20.2 27.8
State President Patient 0.1 0.3
Struck Off Roll 13.5 12.5
Transferred for Childrens Court Enquiry 0.0 0.0
Upheld 0.0 0.0
Warrant of arrest 9.6 6.3
Withdrawn 47.6 34.0

Almost half (48 percent) of the cases finalised in district courts in 2024 were withdrawn. Another 13 percent are struck off the roll. This means that over 60 percent of district court matters did not proceed further or to trial. Only one-in-five (22 %) of cases enrolled in district courts result in a sentence.

In regional courts, by contrast, one-third of cases are withdrawn and another 13 percent are struck off the roll. This means that under half (47%) of cases did not proceed further. However over one-third of regional court cases result in a verdict or sentence (36%).

Compared to district courts the regional courts thus have higher rate of going to trial and concluding with a verdict. However district courts having a significantly higher number of cases before them. Although regional and district courts currently have the same number of open cases before them there are big difference in the number of cases finalised. In 2024 over 600 000 cases finalised in district courts and, by contrast, just under 100 000 cases finalised in regional courts. A clear distinction thus needs to be made between the number of cases currently before a court (i.e. including the backlog) and the number of cases finalised in a given time period.

In 2024 over 600 000 cases were before district courts compared to just under 100 000 in regional courts. This ratio of 6:1 is approaching the ratio of district to regional magistrates (4:1). 605548, 97136. The ratio of regional magistrate to closed cases is better than the ratio in the lower district courts. When the analysis is confined to finalised cases (or to cases finalised with a trial) it would seem that it the number of regional magistrates per trial is not the bottleneck in finalising trials. That bottleneck is manifest in the backlog.

Volumes

Taking the 2023-2024 data as indicative it seems that regional courts have the capacity to finalise about 30 000 8 25 0000 to 35 000 in 2023 and 2024 respectively trials a year. However the open case data shows that there are already 65 642 cases that had been been postponed for trial in regional courts. These cases are set for trial initiation, continuation or finalisation. The vast majority of these cases had last been postponed relatively recently. 98 percent had last been postponed after 1st January 2024. Narrowing the time scale further indicates that 80% of these cases have been postponed since 2024-04-01.

Their number of pending cases is more than double the processing rate of regional courts. Once new enrolments are brought into consideration the total number before the regional courts increases markedly. Clearly the number of cases that before regional courts vastly exceeds their ability to process their roll.

Jurisdiction

Despite the mandate of district courts explicitly excludes murder and rape charges these courts do process a significant proportion of such cases. In 2024 district courts processed 27 percent of the 13 840 murder cases closed in that year. District courts also finalised 43 percent of the 20 769 rape cases that were finalised in that year.

Number of murder and rape cases by court type (2024)

District Regional
murder 3829 10011
rape 8835 11934

However the vast majority of these cases were finalised with a withdrawal or by being struck off the roll. This happened in 86% of murder cases and 90% of rape cases before district magistrates. Only 1.6 percent of the murder and rape cases before district magistrates resulted in a verdict.

By contrast ‘only’ 50% of rape and murder charges before regional magistrates were struck off the roll. Given that the district courts are not mandated to hear murder and rape cases some consideration into their prominence is required. The figures imply that up to 6 percent of district court entries may have been misclassified.

The “court type” classification can be adjusted by categorising all district court cases in rooms denoted as RC (Regional court), SH (“streekhof”), PC (periodical court) or SC (Special court) as regional courts. With this classification a “corrected” version of court type emerges. However the reclassification does not significantly change the number of murder and rape charges appearing in district courts. It seems that a significant proportion of murder and rape cases are indeed heard in district courts. The question9 Is directing murder and rape cases to district courts a way of “prioiritising” them or a way of dismissing them? does arise as to whether this reflects a failure of the Criminal justice system to prioritised these cases (and to direct them at the appropriate regional court) in an effort to expedite hearing them (and thus prioritise finalising them).

Outcome of selected offences in district courts (2024)

firearms immigration murder rape
Accused Deceased 34 5 7 4
Accused doli incupax 0 1 0 0
Admission of Guilt to the Court Results 178 2478 2 0
Alternative Dispute Resolution 63 6 0 4
Charge not put to the Accused 411 1039 55 129
Child Justice Case 26 22 31 86
Discharged 83 433 6 16
Diversion Successful 42 0 2 5
Merged 63 69 24 24
Not Guilty 270 195 27 39
Prosecution Stayed 1 0 0 0
Reffered For Mediation 0 10 0 0
Rehabilitation centre 1 4 4 1
Sentence 847 40839 149 128
State President Patient 10 7 11 12
Struck Off Roll 3043 2543 1122 1806
Transferred for Childrens Court Enquiry 0 3 0 5
Upheld 0 20 3 0
Warrant of arrest 1252 3307 184 407
Withdrawn 10967 6159 1915 5434

Prioritisation

The prioritisation of offence type by the criminal justice system can be indicated by several factors:

The prosecution rate i.e. the proportion of enrolled cases that result in a verdict (irrespective of whether it is “guilty” or “not guilty”). A high rate of cases being withdrawn or struck off the roll suggests inadequate preparation, failing ancillary services (forensic reports etc.) and points to lower priority.

The speed at which verdicts are reached is similarly indicative. It takes time for cases to be adequately prepared and undue haste undermines case quality. However overly long duration between offence (or first appearance) and hearing reduce case quality by, inter alia undermining the availability and reliability of witnesses. There are two available metrics:

Speed

Days to case outcome (2024)

x
immigration 28.3
common assault 93.4
other theft 101.4
mdp 103.3
assault gbh 112.3
traffic 128.9
common robbery 140.3
small cat 145.3
public disorder 148.3
housebreaking 149.3
firearms 221.7
commercial crime 243.1
attempted murder 248.6
rape 305.4
murder 473.3

If long case duration reflects a failure to prioritise a crime type then rape and murder have the lowest priority in the criminal justice system. By contrast immigration offences are brought to conclusion quickest - within an average of 28 days. However this trend is largely driven by backlogs in regional courts. It is apparent that the type of court is far more important than the type of offence in determining the potential duration of any case. In district courts a murder case (albeit one that will end in a dismissal or withdrawal) takes, on average, 200 days. In a regional court that type of case takes an average of 650 days (three time longer). In regional courts “public disorder” offences take longest with an average duration of over two years.

Average duration of cases (2024)

District Regional
assault gbh 103 338.6
attempted murder 129 477.8
commercial crime 132 444.0
common assault 90 347.6
common robbery 116 387.9
firearms 146 521.2
housebreaking 129 428.8
immigration 25 297.8
mdp 98 460.2
murder 201 653.5
other theft 91 397.5
public disorder 134 714.1
rape 135 550.2
traffic 121 636.7
small cat 118 451.7

Postponements

A related yardstick for NPA performance is the proportion of cases where a plea was entered within 3 months of the first appearance and a verdict within six months of that plea. The proportion of cases (by type) meeting these two yardsticks further reflects the extent to which these prosecutions are prioritised.

The table below reflects yet another metric - the number of postponements already endured. There is a tension between the number of postponements and the importance that case is accorded. On the one hand as the number of postponement increases the greater the likelihood witnesses will not be available or their recall will deteriorate. On the other hand complex cases may need a greater number of postponements for forensic reports to be completed, expert witnesses to be available etc. There is probably tension between the complexity of cases (and their severity) and the need to expedite trials.

To facilitate analysis the offences were reduced to a smaller number of categories. Crimes where there had been fewer than 10 000 offences in 2024 were clustered under the group ‘small cat’. In 2024 the ‘small cat’ group was the single largest crime category with 148 000 enrolments. The next largest group was assault gbh (120 000).

If we associate a larger number of postponement with a reduction in crime priority it seems that immigration and public order offences are prioritised by district courts and assault cases are prioritised in regional courts. The cases with the lowest priority were housebreaking and public disorder respectively.

Detail of number of postponements and offence type (District courts)

District Regional
assault gbh 3.8 10.9
attempted murder 4.0 14.4
commercial crime 4.5 15.5
common assault 3.6 10.9
common robbery 4.5 14.8
firearms 3.9 16.9
housebreaking 4.7 15.4
immigration 3.2 13.9
malicious damage to property 4.0 15.7
murder 4.5 15.5
other theft 3.8 14.3
public disorder 3.2 17.9
rape 4.2 13.6
traffic 4.0 16.6
small cat 3.9 14.5

There is relatively little variation between the average number of postponements between offence types - the main source of variation is between court type. In regional courts the ratio of postponement between the highest and lowest crime types was 1:1.6. Public disorder cases had an average of 18 postponements compared to 11 for assault gbh. By comparison the average number for postponements for assault gbh was 3.8 in district courts and 10.9 in regional courts. This presents a ratio 1:2.8. Similar difference are evident for other crime types - the ratio within court types is significantly smaller than the ratio between court type for the similar offences. The court type matters far more than the type of offence.

Assuming that fewer postponements indicate a higher level of prioritisation by the criminal justice system as a whole (particularly with respect to the performance of the prosecutors) then immigration offence are accorded the highest important and murder and public disorder offences the lowest priority. In regional courts assault and rape receive the highest priority while firearms and public order offences receive the lowest.

The open cases dataset allows for an examination of the reasons cases were postponed. The data is limited to the reason for the lat postponement. Nevertheless the data is thought indicative.

Reasons for postponements

Of the 5271 latest postponement in district courts half were for “further investigation”. The only other major category for postponement was for setting a court date in regional court. These 2 factors account for 63% of reasons for postponing murder cases. The other reasons receiving more than 1% of citations were

Reason Percent of postponements
High Court date 0.9%
Mental Observation 1.1%
Unavailable: Docket 1.5%
Further Particulars 2.3%
Final Investigation 2.8%
SPP Decision 3.5%
DPP Decision 5.2%
Bail Application 6.9%

The delays recorded by courts rarely referred to the non availability of court facilities etc. The bottlenecks thus refer primarily to further investigation and court procedures.

Using murder cases as an example is illustrative. Here postponement in the districts courts are (again) primarily for further investigation, by contrast postponement if regional courts are for court proceedings and administrative issues. The latter reflects the blood analysis , interpreters, medical reports etc. not being available. However this accounts for a very small proportion of postponements.

The top ten reasons for postponing murder cases in district courts were as below:

knitr::kable(format(rev(sort(table(open.all[open.all$code=='murder' & open.all$CourtType=='District','PostponementReason'])))[1:10]),caption='Reason for postponing district court cases (2025)',col.names='Number of postponements' )

Reason for postponing district court cases (2025)

Number of postponements
further investigation 2507
regional court date 839
bail application 366
dpp decision 277
outstanding: spp decision 187
final investigation 146
further particulars 122
unavailable: docket 79
mental observation 59
high court date 51

In general (all crimes) the reasons for postponements were:10 table not ordered

knitr::kable(table(open.all[,'PostponementReason'] ,open.all[,'CourtType']),caption='Reason for postponing cases (2025)',col.names=c('District', 'Regional' ))

Reason for postponing cases (2025)

District Regional
672 343
2025-06-19 2 0
2025-06-23 1 0
2025-06-26 1 0
absent from court: defence witness 12 15
absent from court: state witness 51 111
accused absent: additional 106 126
accused absent: postponed in absentia 487 471
address verification 369 44
adr 882 103
age assessment 44 4
another magistrate 53 98
aog payment 278 19
application: confiscation order 9 0
application: leave to appeal 1 0
arrange for intermediary 3 17
arrange foreign interpreter 357 131
arrange local interpreter/non-predominant official language 18 14
arrange trial date 476 804
arrangement of an assessor 11 5
bail application 5989 546
bail forfeiture 1086 559
bail investigation 353 24
bail: final estreatment 175 45
bail: forfeiture application for cancellation of bail 39 13
bed availability/mental onservation 989 191
blood analysis report 203 45
case reopened 870 117
consultation/instruction: by the defence 6839 4573
consultation/instruction: by the state 1169 756
conversion to maintenance inquiry 11 0
correctional supervision report 61 103
court roll congested 21 37
crowded out 47 258
defence request 459 410
disclosure & consultation 2489 1881
diversion: adult 1528 42
diversion: completion of programme 1056 34
docket missing 827 148
dpp decision 2627 868
final investigation 3875 188
further investigation 60967 6373
further particulars 6656 3800
guardian 30 15
high court date 181 39
id parade 2 18
immigration status 30 0
inquiry 528 187
inspection in loco 3 5
judgement 985 1134
juvenile postponement: 14 day period 1 14
labour action: strike 1 2
legal aid application/result 2669 1389
legal representative - judicare 426 1287
legal representative (private) 1213 1285
mediation 2905 211
mental observation 1461 315
outstanding document: ballistic report 409 82
outstanding document: sap 69 162 8
outstanding: blood analysis report 229 44
outstanding: corrections report - dcs 37 51
outstanding: exhibit 18 5
outstanding: forensic report 243 5
outstanding: high court order 7 74
outstanding: inquiry result 24 10
outstanding: legal aid application/result 25 24
outstanding: medical report (j88) 574 18
outstanding: petition results 3 0
outstanding: postmortem report 67 2
outstanding: pre sentence report - dcs 48 161
outstanding: probation report - dsd 224 83
outstanding: spp decision 2702 724
part-heard case 3876 12732
plea 5175 1454
plea bargaining negotiations 309 459
plea: plea and trial 10810 11955
possible joint 159 40
pre-trial conference/proceedings 4484 5356
probation report - dsd 134 145
provisionally postponed 1618 4262
record: reconstruction 16 2
record: transcription 244 296
regional court date 8077 68
request legal representative 214 115
requisition (prisoner not brought to court) 573 310
sentence 114 197
state witness 486 472
tracing of accused 652 427
tracing of witness 64 128
transfer 365 154
trial 16960 27863
trial and witnesses 2718 4750
unavailable magistrate 145 336
unavailable logistics: air conditioner 8 3
unavailable logistics: cctv 5 48
unavailable logistics: dcrs machine 10 8
unavailable logistics: electricity 2 25
unavailable logistics: video postponement system 1 0
unavailable logistics: viewing technology (evidence) 9 14
unavailable logistics: water 3 4
unavailable: assessor(s) 1 3
unavailable: charge sheet 28 28
unavailable: correctional official 3 1
unavailable: court prep officer 1 0
unavailable: court recording clerk 0 1
unavailable: court witness 25 35
unavailable: docket 2529 473
unavailable: expert witness 0 4
unavailable: foreign interpreter 247 83
unavailable: intermediary 1 16
unavailable: interpreter 128 88
unavailable: investigating officer 23 17
unavailable: legal representative (legal aid) 438 467
unavailable: legal representative (private) 144 454
unavailable: probation officer 7 7
unavailable: prosecutor 39 107
unavailable: stenographer 0 1
unavailable: witness 69 129
verdict 4 0
warrant of arrest: held over 944 727
warrant of arrest: issued 373 255

To simplify matters the reasons for postponements were aggregated into a small number of groups. These were :

  1. case readiness
  2. court procedures
  3. defence requests
  4. facilities

Case readiness deals only reflects requirements imposed by courts on themselves. This includes setting dates for hearings, pre-trial conferences ….

Court procedures refers to factors imposed by non-court agents of the judicial system. Included are the acquisition of reports, evidence, the securing of witnesses etc.,

Defence requests refers to postponements and delays made at the request of the defence. This relates to securing witnesses or council etc.

Facilities refers to the absence of facilities required by the court. This includes the availability of interpreters, stenographers, lighting, electricity and so on.

In district courts ‘case readiness’ and ‘court procedures’ accounted (in equal measure) for almost all postponements. However in regional courts ‘court procedures’ accounted for three-quarters of all postponements. The absence of facilities accounted for less than one percent of postponements in both court types.

Percentage of postponements (2024)

District Regional
case readiness 48.5 15.8
court procedures 45.2 74.8
defence 5.7 8.7
facility 0.6 0.7

Regional court postponement

There is noticeable variation for the postponements within the court divisions (provinces). ‘Court procedures’ account for 84% of postponements in kwaZulu Natal regional courts and for 63% in Gauteng.11 Regional courts only However Gauteng suffers from a higher percentage of postponements due to poor case readiness.

Breakdown of postponements within division (%)

case readiness court procedures defence facility
Eastern Cape 14.2 73.5 11.2 1.0
Free State 12.2 77.2 10.0 0.5
Gauteng 29.3 62.6 7.5 0.6
Kwazulu Natal 9.7 84.0 6.0 0.3
Limpopo 13.2 79.8 6.6 0.4
Mpumalanga 9.8 81.4 8.6 0.2
North West 12.3 69.3 16.7 1.7
Northern Cape 16.2 66.8 15.0 2.0
Western Cape 11.3 80.0 7.9 0.9

If the quick finalisation of cases indicates a prioritisation of that offence then so too does a smaller number of postponements. By this metric regional courts prioritise assault (11 on average) and rape cases (14). Crimes that are not prioritised include public disorder (18) and firearm offences (17 postponements).

Average number of postponements by crime category

postponement
assault gbh 10.9
common assault 10.9
rape 13.6
immigration 13.9
other theft 14.3
attempted murder 14.4
small cat 14.5
common robbery 14.8
housebreaking 15.4
commercial crime 15.5
murder 15.5
malicious damage to property 15.7
traffic 16.6
firearms 16.9
public disorder 17.9

Demographic factors

Demographic elements have a minor impact on court performance. For example the lack of citizenship could be thought of a contributing to increased number of postponement (via the need to verify status, increased risk of flight etc.). However the difference in the number of postponements between citizens and non-citizens in negligible in district courts.

Average number of postponements: District courts

postponement
not sa 3.9
rsa 3.9

In regional courts non-citizens are subject to a slightly higher number of postponements (1). By this logic a more germane issue is whether or not the accused is in custody. If the accused is in custody there is simultaneously reason to expedite the matter (to ensure they no-one is unnecessarily incarcerated) and reason to tolerate more postponements (the accused cannot abscond).

Av. postponements in district courts by custody status

postponement
in custody 3.8
not held 3.9

In regional courts being in custody has a more significant impact (compared to district courts) on the number of postponements the accused experiences.

Av. postponements in regional courts by custody status

postponement
not held 14.4
in custody 14.8

Conclusion

The custody status of the accused, citizenship status, age, being in custody and the number of co-accused have a statistically significant impact on number of postponements (and thus on the duration of cases). However the impact of these factors are overshadowed by the offence type and the type of court the case is enrolled in.

## 
## Call:
## lm(formula = log10(NoOfPostponement) ~ CourtType + citizen + 
##     AccusedAge + incustody + NoOfAccused, data = open.all[is.finite(log10(open.all$NoOfPostponement)), 
##     ])
## 
## Residuals:
##     Min      1Q  Median      3Q     Max 
## -1.2423 -0.2767  0.0221  0.2511  1.5213 
## 
## Coefficients:
##                       Estimate Std. Error t value Pr(>|t|)    
## (Intercept)          5.616e-01  3.854e-03 145.721   <2e-16 ***
## CourtTypeRegional    5.548e-01  1.458e-03 380.494   <2e-16 ***
## citizenrsa           6.314e-03  2.957e-03   2.135   0.0327 *  
## AccusedAge          -9.555e-05  6.715e-05  -1.423   0.1548    
## incustodyin custody  1.415e-03  1.426e-03   0.992   0.3210    
## NoOfAccused          1.355e-02  1.955e-04  69.280   <2e-16 ***
## ---
## Signif. codes:  0 '***' 0.001 '**' 0.01 '*' 0.05 '.' 0.1 ' ' 1
## 
## Residual standard error: 0.3667 on 283610 degrees of freedom
##   (3 observations deleted due to missingness)
## Multiple R-squared:  0.3705, Adjusted R-squared:  0.3705 
## F-statistic: 3.339e+04 on 5 and 283610 DF,  p-value: < 2.2e-16