A framework for the management of digital court records for justice delivery in selected High Courts in the Eastern Cape Province, South Africa

Abstract

The advent of Information and Communication Technologies (ICTs) has led to exponential growth of digital or electronic records and has also revolutionised the creation, capture, use, management and preservation of these records. Courts like any other public organisations are increasingly harnessing ICT to manage all their records as well as using them for justice delivery processes. This study sought to investigate the management of digital court records for justice delivery in the selected High Courts in the Eastern Cape Province, South Africa, with the view to propose a framework for the study, guided by the following research objectives: to determine the extent to which digital court records are managed in High Courts in the Eastern Cape Province, to determine the availability of infrastructure for the management of digital court records in High Courts in the Eastern Cape Province, to ascertain the compliance with legal and statutory framework for the management of digital court records for justice delivery by High Courts in the Eastern Cape Province, to establish the barriers to effective management of digital court records in High Courts in the Eastern Cape Province, to propose a framework for management of court records for justice delivery in High Courts in the Eastern Cape Province and to make recommendations on the management of digital court records for justice delivery in High Courts in the Eastern Cape Province. The current study adopted the pragmatism paradigm since it allows the use of Mixed Methods Research (MMR) and provides a rationale for paradigmatic pluralism. The population of the study consisted of the court managers, court registrars, chief registry clerks, registry clerks, and a librarian. Quantitative data was coded and analysed using Microsoft Excel 2016, while qualitative data was analysed using content analysis. The study established that digital court records are vital to the administration of justice. However, these records are fragile in nature. This underscores the necessity of High Courts having an efficient digital record management system. The findings revealed several challenges to effective management of digital court records, which among others are inadequate technological infrastructure, inadequate technical support and inadequate skills and knowledge in the Information and Communication Technology (ICT). The study recommends the following: a continuous digital court records management training programme for court staff and other related or relevant personnel; the enhancement of the infrastructure; the management of digital court records within the national framework of the management of electronic public records.