Protests in KwaZulu-Natal and Gauteng have affected the administration of justice. The High Court in Durban was closed on Monday and court personnel could not say when it would open.
Court personnel in Durban have been unable to safely commute to work and matters set down to be heard on Monday have had to be rescheduled. It is not yet clear when the court will reopen.
A notice issued on Monday indicates arrangements must be made with the registrar for the high court in Durban. It is one of two high courts in the province under threat due to civil unrest. Access to justice is among the constitutional rights afforded to citizens, now impeded by ongoing and increasingly violent protests in KwaZulu-Natal and Gauteng.
On Sunday, the Office of the Chief Justice (OCJ) announced it had called on police and private security to beef up security at the Constitutional Court and the high court in Pietermaritzburg following threats against the judiciary, including specific judges.
The office's secretary-general, Memme Sejosengwe, said there were ongoing engagements with the SA Police Service (SAPS) to monitor the situation. Police spokesperson Col Brenda Muridili said, “I cannot share details.”
In a letter issued to the heads of courts on Sunday, she said the OCJ was in possession of an audio clip “in which an unidentified speaker issued threats of violence against individuals including judges and courts.” The clip, spread on social media, was sent to court heads.
“The voice note commands that, among others, judges must be killed in their houses and courts burnt,” said Sejosengwe. The letter did not expressly name the Constitutional Court order issued on Tuesday, June 29 sending Zuma to prison for 15 months for contempt of court.
However, it makes reference the decision in a reference to “developments” since the judgment from the apex court in late June. Since the order was handed down, rising unrest has advanced from outside Zuma’s homestead in Nkandla, KwaZulu-Natal.
Late on Wednesday night, Zuma’s motorcade sped from Nkandla to Estcourt prison, where the former president is serving his 15-month jail sentence. The correctional services facility is about 30 minutes’ drive from the Mooi River toll plaza on the N3 highway.
Judge Bhekisisa Mnguni dismissed Zuma’s urgent interdict application to stay his arrest, in a decision handed down in the High Court in Pietermaritzburg on Friday morning. That evening, protesters calling for Zuma’s release blocked the motorway near Mooi River.
Demonstrators torched tens of heavy duty vehicles overnight, including a vehicle carrier. Agri SA estimated protesters destroyed about R15m in citrus destined for export from Durban harbour. The damage to trucks and businesses is thought to run into hundreds of millions of rand.
People threw stones at vehicles on the national road and targeted nearby businesses, including supermarkets, where they stole stock. “The true impact of the N3 violence and torching of trucks this weekend will cost SA millions,” said Arnoux Mare, CEO of Innovative Staffing Solutions (ISS). The company’s drivers are outsourced to various logistics companies and retailers.
By Sunday, ongoing and increasingly volatile civil unrest in KwaZulu-Natal had progressed to Gauteng. Police and demonstrators were locked in running battles well into the night, including at sites at which liquor was held. The OCJ’s statement released on Sunday refers to courts in both provinces, where Zuma filed challenges to his incarceration.
Political analyst Sanusha Naidu said the civil unrest since Wednesday was not to be taken lightly. “The deeper issue for me is: how much of this is really linked to the support around Zuma?” she said. Naidu highlighted the pronounced criminality, and said there was “blurring of lines” between support for Zuma and creating instability.
“You’ve got the criminality, you've got the destabilisation, you've got the pockets of instability. You’ve got the Jacob Zuma support. It's just not clear where all of this actually defines itself in, and I think this is what chaos looks like when people want chaos to prove their point,” she said.
Justice Sisi Khampepe led the bench of the highest court of the country, which heard arguments from Zuma’s lawyer from Monday morning. The apex court precinct in Braamfontein, Johannesburg was then calm. Entrances were locked and at least four police nyalas were stationed near the main door. The hearing in the politically charged matter was held online.
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