“Justice delayed is justice denied”

Abstract

Purpose – The purpose of this study is to investigate the cases of “delayed and denied” justice that resulted from a lack of or poor record-keeping in the South African courts and police service with a view to encouraging proper records management. Proper records management plays a significant role in supporting the justice system. Records provide the critical evidence that a particular action or transaction took place and can be used as evidence in a court of law. Without reliable and authentic records, government cannot administer justice and, as a result, offenders can be set free while the victims are denied justice. Design/methodology/approach – Utilising content analysis, this study extracted print media articles (2000-2012) relating to the “records and justice system” from the South African Media database, which is one of the databases hosted by the South African Bibliographic and Information Network. The study selected cases reported in the media to conduct follow-up interviews with a policeman, lawyer and judge to discover the implications of the unavailability of required records in court cases. Furthermore, access was given to three selected cases that were given high profile in the media and these cases were analysed to find out what the final verdict in each case was. Findings – Results of the study suggest that some criminal cases were withdrawn due to missing dockets or cases not properly registered. In some instances, records were reconstructed, resulting in the travesty of justice. The study concludes by arguing that if records are not accounted for, lawyers, prosecutors and magistrates could dispute the authenticity of records. As a result, justice for victims would be delayed and ultimately denied while the perpetrators are freed. Research limitations/implications – The findings and recommendations of this study may go a long way in helping courts in South Africa to manage records properly to support the justice system. Furthermore, the study is a useful compilation of the importance of missing records for social purposes. Originality/value – In an attempt to show the role of records management in the administration of justice in South Africa, this study used a triangulation of data collection tools. This is a new attempt, especially in the South African context. Previous studies in southern Africa only looked at the management of records in supporting justice system.

Medical records management framework to support public healthcare services in Limpopo province of South Africa

“…Records management is a critical factor in the successful achievement of many functions such as health care (Katuu, 2015; Marutha, 2011, 2016; Marutha and Ngoepe, 2017), auditing (Ngoepe, 2016; Ngoepe and Ngulube, 2016) and justice (Ngoepe and Makhubela, 2015; Motsaathebe and Mnjama, 2009a) to mention just a few. For records management to be implemented properly and to support organisational functions, it is highly dependent on the model used to manage the records.…”

The role of medical records in the provision of public healthcare services in the Limpopo province of South Africa

“…Records are created and managed with the intention of supporting the accurate and efficient delivery of services in many areas. For example, Katuu (2016) highlights several studies within the public sector in South Africa that demonstrate the role of records management in various areas such as: the auditing process (Ngoepe 2012;Ngoepe & Ngulube 2016), provision of justice systems (Ngoepe & Makhubela 2015), service delivery and human rights (Ngoepe 2008) and healthcare services Marutha 2011). Records are especially important in hospitals as they are needed for confirming background information (Marutha 2011:2).…”

Implications of cloud-computing services in records management in Africa: Achilles heels of the digital era?

“…This study also employed content analysis as part of the endeavour to address the research objectives. Similar studies by Ngoepe and Makhubela (2015) and Ngoepe and Saurombe (2016), which investigated the relationship between records management and the travesty of justice in South Africa, and provisions for managing and preserving records created in networked environments in the archival legislative frameworks of selected member states of the Southern African Development Community (SADC), also utilised content analysis. Content analysis from empirical studies, Internet resources and policy documents was performed to address research objectives.…”