by By Raphael Christopher
Without a doubt, the Covid-19 pandemic has affected all areas of our society and no one can with any certainty, predict when it would end or how society will return to a new ‘normal’
Nonetheless, in piloting society to a new normal, all arms of Government are charged to do their best to pilot the affairs of our society to a safe landing in the new “ normalland”
Every arm of Government have been affected and impacted by the Covid-19 pandemic and Courts have not been spared with hearings vacated, cases piling up, Judges unable to sit safely, and the situation is not getting any better soon.
This situation has posed a number of questions and challenges to the courts system.
Firstly. the courts are severely under resourced in respect of the availability of technology and IT which are needed and are a vital tool in the efficient administration of justice in these Covid-19 times.
We know from recent Federal High Courts and many States High Courts practice directions that technology is now being further integrated into the courts operations however the courts budgets have not been increased to purchase the IT equipments that courts and Judges needs to meet the challenges Covid-19 poses to our legal systems.
How many of our courts have the latest computers, laptops, printers and necessary software? How many of our judges have been trained in the Covid-19 protocols? How many of our Judges are able to access training and much needed support? How many of our Judges and court staff have PPE personal protection equipment?!
Do our judges and Court staff have access to Covid-19 tests? And if tested positive, are they able to self isolate for 14 days and if they do isolate, what happens to their work load?
What about our more senior Judges and perhaps older Judges who may be technophobes, do they have access to support and necessary training?
What about our courts buildings, are they fit for purpose in light of the Covid-19 restrictions? Many courts buildings are not particularly large which means that not many cases or jury trials would be able to be done in light of the recent Covid -19.
There are a few practical suggestions that may help ameliorate the present unsatisfactory situation:
- More regular Covid 19 testing for all Judges and court staff
- Provision of test kits for court users
- Temperature monitoring systems at strategic positions at entrance of court and anyone with high temperatures recommended to self isolate.
- Face shields for Court staff and court office workers.
- Training needs to be made available to all Judges in the use and operation of electronic bundles
- A dedicated IT helpdesk be made available 24/7 for all Judges to help them should they have any query or need any further support.
- Increase in the amount of IT specialists employed to be judicial assistants to Judges.
- Appointments of more judges to ease the heavy workload in courts and enable more cases to be heard subject to social distancing rules.
- Increase the number of courts buildings.
- Refurbishment and Modernisation of dilapidated court buildings.
- Increase in the safeguarding and security for Judges and Court staff.
- Adequate financial provisions should be made in the budget to fund the above.
I believe that with these above practical suggestions, the Covid-19 challenges to our courts will be reduced to a somewhat manageable level to enable Judges and court users continue to provide a most essential service to help our society to continue to function.
