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Clock-watcher worries minister
14/09/2006 19:14 - (SA)
Johannesburg - Justice Minister Brigitte Mabandla on Thursday expressed concern about the incident in which a Kimberley magistrate freed 13 accused because she did not want to work after 16:00.
The minister, who is still in hospital recovering from an operation, urged the Magistrates Commission to investigate and deal with the allegations against magistrate Kubashni Padayachee as soon as possible.
On Monday, Padayachee struck the cases of 13 suspected criminals from the court roll, leading to their immediate release.
The men, of whom seven were in custody at the time, are still on the loose and include an alleged rapist.
Speaking to the Pretoria News on Thursday, Padayachee said she freed the 13 because the men had not appeared in court within 48 hours of their arrest.
"I had to let them go. It would've been a human-rights violation to keep them in custody for more than 48 hours.
"At 4pm on Monday, the 48 hours would have expired."
Sat through 70 cases
She said the court's operating hours were from 09:00 to 16:00.
"I sat through 70 cases on the roll, of which 33 cases were put on the roll after 2pm."
Padayachee is the magistrate for Court B in Kimberley magistrate's court and deals with first appearances, bail applications and postponements.
"After sitting in court for six hours, I am hungry, tired, my feet hurt and I'm thirsty. I'm only human and not a computer. So, give me a break."
She said she had not broken the law.
"The accused also have rights and I should be fair and impartial.
"I am a hardworking person, but I also take justice very seriously, as well as human rights.
"It's not like I released them. It's the prosecution and the police who released them."
Cases 'sprung on her'
Padayachee emphasised that until someone was proven guilty, they were innocent.
"If they're guilty, police must re-arrest them."
If any of the alleged criminals were facing serious charges, like rape, the matter should have been put on the roll in the morning and not sprung on her in the afternoon.
On Wednesday the head of the department of justice in the Northern Cape, Rodney Isaacs, said the department was "working around the clock" to re-arrest the accused.
He said there were two ways to get the accused back in the dock.
"The police will either have to issue a new arrest warrant or we'll have to serve them with summonses."
Northern Cape premier 'shocked'
Consultations were also being held with the director of public prosecutions, advocate Ivy Thenga, on a legal and constitutional means to get the cases back on to the roll.
On Thursday afternoon the national spokesman for the justice department Leslie Mashokwe said he didn't know whether any of the 13 accused had been rearrested.
Northern Cape Premier Dipuo Peters also expressed shock at Padayachee's conduct.
She said she has confidence that the department of justice would handle the matter with the seriousness it deserves.
The DA also called on the magistrates commission to investigate the situation.
Magistrate's action 'outrageous'
"If allegations about the conduct of magistrate Padayachee are true, she has done the administration of justice and the rule of law in our country no favours," said the party's Sheila Camerer.
She said Padayachee's alleged action in allowing alleged rapists and robbers to walk free merely because she wanted to go home at 16:00 and had not completed the court roll by then was outrageous and undermined the court's reputation.
Mabandla said it was the justice department's responsibility to ensure access to justice for all.
She encouraged members of the public to report to the department cases like these wherever and whenever they happened.
- SAPA
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