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Getting away with murder
03/06/2008 08:05  - (SA)  

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Chris Moerdyk

The only way South Africa is going to solve its totally out of control crime problem is to elect a fellow by the name of Phanuel Mudau as president of this country.

Ok, so who on earth is Phanuel Mudau for heaven's sake? And what makes him so special as to come from complete obscurity and leap straight into the presidency?

Well, he's a magistrate in Randburg and a few days ago he refused point blank to continue hearing a case because he said the prosecution and defence lawyers had worked out a deal that would keep the accused out of jail.

Mudau said he wasn't prepared to rubber stamp the deal, as the law apparently insisted he did, because the accused deserved a lot more harsh a punishment than a suspended sentence and a bit of community service.

So, just what did the accused do that got Mudau all steamed up? Well, 17-year-old Kershan Naidoo, with no driver's licence, was found guilty of driving his mother's car in April 2006 while being four times of the legal blood alcohol limit.

He drove through five sets of red traffic lights and then crashed into the back of a car driven by singer Ashanti's cousin Quionshae Snead, flinging her out of the car where she died after being run over by another vehicle.

And quite unbelievably, the two sets of lawyers figured that the best punishment for this was a couple of years of community service and a suspended sentence.

Lock him up

Frankly, I couldn't agree more with magistrate Mudau - personally I would have locked Naidoo up and thrown away the key.

With Mudau having recused himself, the case has now been transferred to another court and I would hope that the new magistrate will have the same sense of frustration as Mudau and also refuse to accept that ludicrous settlement.

It is examples such as this that not only make a complete mockery of our justice system but that have criminals rolling about with laughter and just carry on murdering, raping, pillaging and holding us all to ransom because they realise that there's very little chance they'll get more than a slap in the wrist and a lecture about being naughty.

Hopefully, our legislators will take notice of Mudau's brave stance. Frankly this case sickens me - justice is certainly not being seen to be done but simply swept aside.

Send your comments to Chris.

Disclaimer: News24 encourages freedom of speech and the expression of diverse views. The views of columnists published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors reserve the right to edit or delete any and all comments received.

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  indeed
03/06/2008 08:20
Chris I always like your inputs and this I cannot agree on more. - JC
 
  Hmmm
03/06/2008 08:24
While the next judge ponders this case, they should lock up Mrs Naidoo too for giving the car to her son. Parents need to take responsibility and stop teaching their children to disrespect the law of the land. That is why we are where we are because everyone thinks they are above the law. - Michael
 
  Too many people get away with it
03/06/2008 08:27
So true! The sad thing is that we all stand up and applaud people when they take a moral stand. Why? Because it hardly ever happens! When are we going to stop and reevaluate our legal system when criminals are able to make a "deal"? People need to get more indignant about the corruption, because it is enough for a good man to be silent for evil to be done. - clarence
 
  Just justice?
03/06/2008 08:30
Chris I agree with you. Unfortunately this goes way beyond only this case. There is no justice. If you have money and can afford highly paid legal eagles (read Vultures) you can get away with anything. Sadly the average to poor person has no change. I applaud Judge (Magistrate) Madua. He certainly have my vote. - SM
 
  A few good men(women)
03/06/2008 08:53
With a person like Magistrate Madua and Minister Susan Shabangu we can have a winning combination. As for young Mr Moodley make him work in the State Mortuary that should sort him out. - Honey Bun
 
  Cheers to Mr. Madua
03/06/2008 08:55
He is maybe a flickering light of moral hope in our shambolic judicial system.This youngster has commited murder and has no right to be part of general society.No ammount of community service will change that.It just shows one how the value of life and property has degenrated in SA.I would hate to be a magistrate or a judge in this country.The defence lawyers and prosecutors should also be held accountable for perverting the course of justice.Thanks for the article Chris. - psycobabble
 
  Just justice?
03/06/2008 08:59
Chris I agree with you. Unfortunately this goes way beyond only this case. There is no justice. If you have money and can afford highly paid legal eagles (read Vultures) you can get away with anything. Sadly the average to poor person has no change. I applaud Judge (Magistrate) Madua. He certainly have my vote. - SM
 
  Justice system is failing & few non-corrupt professionals.
03/06/2008 09:00
When in Bankok, it was amasing to experience clean & safe environment. However, they have a 0% tolerance for crime. There are many people and still they do not have the level of criminal experiences as we have. The justice system needs revamp and people with integrity and pride need to rebuild this system, also with a 0% tolerance. Change of attitude is required and laws should be enforced. Bring back the death penalty for serious offences. Get rid of the corrupt officials. - Matrix
 
  The system
03/06/2008 09:11
Is a political tool - people are made products to crumble. Think about it, he got a slap on the wrist - community service was enough. He knows now that he can get away with anything...more work for cops - and more excuses for more jails and not schools. Our government has failed - PERIOD! Everything is based on a eurocentric view - no more corporal punishment! Kids killing their parents. The Black nation is dying in high volumes. We've got no one to blame but ourselves. - Keneilwe
 
  Well dome Mr Madua
03/06/2008 09:13
It just shows that there are some people out there who still have common sense, if u kill someone you go to jail. I agree with Micheal, Mrs Naidoo should be charged as well for giving him the vehicle which killed that poor women. - Ali
 
  Psycobabble
03/06/2008 09:20
I agree 100%, what kind of moral values have the attorneys got in this instance. Somebody got a kick back somewhere and it certainly was not the judge. His mother (if she gave him the car) should serve his sentence for him. Give them both something to think about. If she did not then he should be charged with theft as well. - Gary
 
  What Justice?
03/06/2008 09:21
The Prosecution should be locked up aswell - how can they agree to let this criminal free - if the parents are found to be negligent they should be locked up aswell. But i see the cops in JHB are letting the hardened criminals out of the cells, to roam the streets. No Justice for SA - Bannana Republic - Nick
 
  Justice in shambles
03/06/2008 09:29
Thanks for bringing this to light, Chris. Madua is one in a million. Unfortunately, most magistrates (for reasons unkown to the rest of us) seem to try and find reasons not to give the max. sentence with pathetic excuses lik e' he was young" " can be reformed " or " he showed remorse". - VG
 
  Not entirely correct Chris
03/06/2008 09:34
S105A of the Criminal Procedure Act makes provision for the magistrate not to accept the terms of a plea and sentence agreement. "The law" does not insist that the magistrate rubberstamps the deal, in fact he (the magistrate) is obliged to consider whether the sentence is just. - tsiko
 
  Unbelievable
03/06/2008 09:37
Mr Madua you are my hero for this year. Please stand for office. Mr. Moerdyk you are a journalist "par excellence". Thank you for bringing this wonderful, heartwarming story....because of a brave, brave man.... to our forum. This young man should go to jail for a long, long time...his parents should also receive some sort of punishment. They are not fit to have children. There is so little justice in SA. You give us hope. - Alicia
 
  The man is a HERO
03/06/2008 09:40
This guy rocks. We should put him in charge of justice, not just have him on the bench. Evil prevails when good men fail to act. He did an awesome thing. Our country would be 100 times worse were it not for a dedicated few who believe in doing their job to the best of their ability. - Sarah
 
  Congrats to Mr Mudau
03/06/2008 09:52
It's heartening to know that at least one magistrate wants to see justice done and I congratulate him on his stance. Let's have Mr Mudau for the minister of justice instead of Mrs Useless. With him in charge we'd see more criminals getting the sentences they deserve instead of a slap on the wrist. - Jann
 
  What's going on?
03/06/2008 09:52
Yah ne, we're becoming a bitter nation with strong intent bordering on a tooth-for-a-tooth kinda justice. Remember when you were 17 Chris, oh sorry, that so long ago. Wrong as the manner the case was handled and I totally agree with Magistrate Mudau's stance; I believe though that locking Naidoo junior and throwing away the key is not on. Kinda agree with Honey Bun on having this rogue work in a mortuary to scare the living daylights off him. - Jairz
 
  Mr Madau
03/06/2008 10:02
The public prosecutor that agreed to the conditions should be brought to task as well. WELL DONE MR. MADAU. - Kay Sea
 
  Legal System.
03/06/2008 10:09
Chris, while I agree that there two many deals, we also need to deal with the modern situation, firstly, I would insist that Boy and his parents apologise to the parents of dead girl, secondly the parents of the boy pay a large amount to the girls parents in compensation. Lastly a small gail sentance, large enough to ensure that the boy knows what he has done, yet tempared with mercy. (say a Year, with 6 months off and 5 years comunity service in a busy hospital). God Bless. - Christian
 
  Vigilante justice
03/06/2008 10:12
Until we have a functioning justice system in SA, I'll continue to actively support vigilante justice. - Juan
 
  Age is no excuse
03/06/2008 10:44
Why go easy on the 17 year old? Does every teenager get a free kill before the law kicks into action? Come down hard on 1 and make sure all the other 17 year olds hear about it - that's how you make a real difference. There are many more deserving of your sympathy than this fool. - AJ
 
  Great stance but....
03/06/2008 10:49
...chances are the next judge will be one of those that lets rapists off with a light sentence because 'he didn't act violently' towards the mentally retarded underage girl he raped!! unfortunately we have far too many of those judges and far too few like Madau! - Rodders
 
  Not so easy.......
03/06/2008 10:51
Although I agree with ur sentiments on having harsh sentences for criminals, I cant quite agree with the example u gave.This was a 17yr old BOY,who made a terrible terrible mistake,but max punishment is way off.Locking him up and throwing away the key is something u hand out to a murderer who intentionally goes out and seeks to kill,like the 100s of criminals in S.A. Also just a thought,I dont know this judge,and not familiar with his other cases,but can I ask,do u believe that he would have done the same if it was the other way around?Ashantis connection driving and Kershan the victim?? - K.G.
 
  @ Juan
03/06/2008 11:05
Seems to be the only way. The justice system is so corrupt it will take a couple of decades to fix. Hopefully sooner if there is more people that have the backbone like Judge Madua. Have been waiting for 5 month for a judgment (could not pay judge as the opposition) and my appeal (leave to appeal application) took 18 months to be heard (fortunately granted), now I can look forward to another couple of years to finalisation. Our killer kid will be in his 30's before maybe something happens. - SM
 
     
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