LocationsVirtual Remand Hearings: Transforming Access to Justice in Eswatini
September 16, 2024
Virtual hearings have facilitated court proceedings even when meeting physically was impossible during the COVID-19 pandemic.
In 2022, UNDP Eswatini Accelerator Lab (AccLab) initiated an exploration and experimentation with the concept of virtual remand. This innovative approach aims to revolutionise court processes, enhance efficiency, and ensure timely proceedings. The UNDP Eswatini 2021–2025 Country Programme Document (CPD) underscores the importance of innovative digital solutions in enhancing government efficiencies. The AccLab, in line with this, embarked on an experimental approach that commenced with extensive consultations with stakeholders in the judiciary ecosystem of Eswatini. The potential benefits of the virtual remand system, such as improved efficiency and reduced costs, were a key focus of these discussions.
Our challenge lies in the non-digitisation of judicial systems, which have manual processes that rely on traditional case management methods, including suspects appearing physically in court for remand. The transportation of individuals held for remand appearances can be cumbersome and expensive as they involve using resources such as vehicles, security officers, and meals for sessions lasting only five to 15 minutes weekly. The COVID-19 pandemic, where court closures during lockdowns led to delays in trials and remand proceedings, exposed the inadequacy of the manual processes.
In the early 2000s, the government began exploring the implementation of an electronic case management system aimed at digitising various judicial processes. In 2011, the government installed equipment and infrastructure to pilot a closed-circuit system for virtual court proceedings, connecting the Mbabane Magistrates Court, Sidvwashini Correctional Centre, and the High Court. Microwave internet technology was introduced to ensure an uninterrupted network during proceedings. However, the system could not be fully implemented at the time due to the lack of a legal framework.
The passage of the Court Remote Participation Act in 2018 marked significant progress, as it enabled audio-visual links (AVL) in court proceedings. This legislation came at a crucial time, coinciding with the outbreak of COVID-19 in 2019, which accelerated technological advancements to support online meetings. The AccLab seized this opportunity to assist the government in exploring implementing a virtual remote remand system, a vital component of the broader electronic case management system. The insights gained from this experiment have provided valuable guidance for the rollout of the extensive government electronic case management system.
Through the virtual remand court hearings, suspects can now appear before a Magistrate without leaving the Correctional Services Centre.
Learning question:
The learning question that the AccLab and partners wanted to explore was, can digital transformation improve cost-effectiveness, efficiency in judicial processes, and ease of case proceedings? The AccLab's work on the remote remand pilot became a litmus test for the judicial system's readiness. Therefore, the insights and learnings from this pilot would directly feed into part of UNDP's offer to Eswatini: using digital systems to enhance public service delivery.
Experimentation: Remote Remanding: A Paradigm Shift
The experimental activity aimed to address the challenge of access to judicial services that are efficient and cost-effective in the Eswatini judicial system. To alleviate issues such as overcrowded remand facilities, delays in providing legal aid, and limited access to justice during the COVID-19 pandemic. The methods of experimentation design included co-creation, collective intelligence, proof of concept, sensemaking, and solutions mapping.
The experiment design methods used were:
Sensemaking and Solutions Mapping: The AccLab used sensemaking and solutions mapping to identify the challenges related to the non-operationalisation of virtual courts and develop appropriate solutions. The available equipment installed in 2011 was leveraged as existing digital technology. The experiment involved procuring, installing, and testing virtual court equipment, including video conferencing systems and microwave links. Additionally, a virtual remand practice directive was drafted and reviewed to guide the protocols for digitalising the remand process.
Co-creation and Collective Intelligence: The AccLab collaborated closely with key stakeholders, including the Ministry of Justice and Constitutional Affairs, the Judiciary, the Attorney General's Office, Correctional Services, the Human Rights Commission, and the Law Society, to ensure the effective design and implementation of the system. Within UNDP, the AccLab worked extensively with the Governance Unit on this initiative.
Proof of Concept: The pilot aimed to provide a proof of concept for using digital solutions to improve judicial efficiency and access to justice.
Experimentation: The AccLab tested using digital equipment, such as screens and cameras, to conduct remand hearings virtually between the Sidvwashini Remand Centre and the Mbabane Magistrates Court. The experiment spanned 18 months and required an estimated budget of $15,000.
This pilot highlights the importance of UNDP's catalytic funding in driving innovation through co-creation, leveraging our technical and advisory expertise to help governments and partners develop tailored development solutions.
Equipment and infrastructure to pilot virtual court proceedings was installed.
Key Results
The digital remand system had a positive impact on the efficiency of judicial processes in Eswatini, as evidenced by the following:
Improved Access to Legal Aid
The digital system facilitated the prompt provision of legal aid, as Magistrates Court staff, correctional services, suspects and all relevant actors could now participate in the remand proceedings remotely.
Cost Savings
The virtual system led to 50% monthly transportation cost savings. All weekly sessions — ranging from 12 to 40 cases – are now conducted virtually as a standard practice. The microwave link has been a significant advantage for the virtual remand as it is inexpensive and provides an easy and fast connection.
Continued Access to Justice
During the COVID-19 pandemic, the digital system enabled the Judiciary to continue its operations and maintain access to justice, even when physical court sessions were limited.
Time Savings
Before the experiment started, at least 60 remand cases were held each Friday at the Mbabane Magistrates Court, requiring personnel to spend time supporting this activity. Implementing the remote remand system saved time, so correctional services and the judiciary staff could use the time saved on other activities to enhance service delivery.
Scaling for broader impact
The successful implementation of the remote remand system has the potential to significantly improve access to justice, reduce costs, and ensure business continuity during situations where physical meetings are not possible, such as during the COVID-19 pandemic. Following this pilot, the Judiciary is expanding the system to Manzini, the busiest remand centre, which handles at least 70 cases weekly. This pilot highlights the importance of UNDP's catalytic funding in driving innovation through co-creation, leveraging our technical and advisory expertise to help governments and partners develop tailored development solutions. These solutions can be scaled for broader impact through an iterative learning process.