The status of the cases range from initial notice23 to closed, and the scope of this report is to consider the cases that have either gone through the courts or are still in the process. Table 6 shows these. The files have been closed for a variety of reasons, including the fact that the case has gone through the court proceedings and a judgment was given; that there was a settlement, either an out-of courtsettlement or judgment by consent; withdrawal, which in most cases occurred as the clients had passed away; or agency was renounced. Agency is usually renounced where there have been no further instructions from the client, either because the client has left the country, or has moved and not left a forwarding address. Table 6 Status of the cases dealt with by the Human Rights Forum Status Closed Appeal Trial Pre-trial Pleadings Initial notice Total 148 1 28 53 50 11 Percentage 50.86 0.34 9.62 18.21 17.18 3.78 It was stated by one of the lawyers at the Human Rights Forum that many of their clients do not understand the legal process and expect the cases to be completed quickly. Thus, they become demoralized and stop communicating when the legal process does not move at their anticipated pace. The economic factor must also not be understated: clients can no longer afford to come into town as and when they are called by the Forum, either to sign papers or make an appearance in court. There is also the inflation aspect: by the time the case runs its course the amount claimed for is worthless. Of the 148 closed cases, 41 of them were Food Riots cases; four Food Riots cases are still going through the court process, almost eight years later. As regards the status of the closed cases, 103 (35.4% of the total) did not reach conclusion for a variety of reasons (see Table 7). Agency was renounced in 45% of these cases (16% of the total). Table 7 Status of the closed cases Agency renounced Client died No return of client Prescribed Withdrawn Closed (no reason) Number (n = 109) 46 7 22 4 10 14 % 44.7 6.8 21.4 3.9 9.7 13.6 % of total 15.81 2.41 7.56 1.37 3.44 4.81 As can be seen from Table 8, 131 cases remain within the legal process, 57 (20%) have been concluded, and 109 (45%) are still in process. Here it is interesting to note that 51 cases (18%) of the total have been concluded with judgments or concessions in favour of the plaintiffs, with less than 10% having gone in favour of the defendants. 23 That is to say, the notice required to be given to the State under the Police Act or the State Liabilities Act that the claimant intends to bring the proceedings. 10

Select target paragraph3

Add to table of contents