Response to ‘misleading’ resolution

2015-08-27 06:01

THE article “Nephew in court for hacking aunt” in last week’s Fever­ refers.

Spokesperson for the ANC Women’s league Lower South Coast Nonhlanhla Gabela in the above mentioned article stated: “We resolved at a recent conference that it is the justice system that is betraying us. The police do their work, but the courts are too lenient. Some murderers and rapists are even let out on bail.”

Ordinarily I would not respond to such drivel as indicated in the ANC Women’s League resolution however, members of society are reading your newspaper and therefore I am compelled to respond to this misleading resolution. Magistrates are creatures of statute. In other words, in the exercise of their duties they are guided by what is written in the various statutes that govern different facets of law. They are also restricted in terms of what our Constitution allows and further have to follow the principle of stare decises (following precedents or previous cases from higher courts). Members of the women’s league resolved that the police do their work. Well Ms Gabela please ask your members to consult with the senior public prosecutor in Port Shepstone and inquire if in the main he is satisfied with the standard of police investigations and prosecution. I have been in the legal fraternity for more than 20 years and I am in court daily, and in the main what I see and hear from the police and prosecution leaves a lot to be desired.

Please request your members to educate themselves before they make spurious resolutions. I accept that it may have been done out of ignorance, but please do not mislead the public.

I would be failing in my duty as an officer of the court if I did not educate you and the public about the amount of cases, too numerous to mention (if it interests the women’s league do the research), where non-elected judges have come to the aid of those affected by poverty and inequality when elected officials, politicians, municipalities, government were the perpetuaters of it.

Treatment Action Committee case Grootboom case, Mazibuko vs City of Johannesburg and the list goes on and on). As a legally trained black man I take strong umbrage that the ANC Women’s League – South Coast insults a body of which it is a member of, namely the ANC Women’s League, renowned for its rich heritage in fighting for human rights, by taking resolutions about issues that you clearly know little or nothing about.

Legal Eagle

Port Shepstone

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