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Monday, 2 September 2013

Judicial Transformation?

A little while ago there was a little bit of a furore surrounding the racist murmurings of one of Zuma's lackeys in the Constitutional Court  -Chief "Justice" Mogoeng Mogoeng who had decided that it was time that the judiciary waged war against white men. All this was naturally said in support of "transformation". There was, naturally, an outcry from the white male section of the legal profession who were effectively being actively overlooked for positions on the bench on the sole basis of their skin colour (and the posts given to black candidates instead).

Advocate Paul Hoffman took up the heavy mantle of laying a complaint with the Judicial Service Commission against the outright hate speech uttered during Mogoeng's speech at a the Advocates for Transformation's Annual General Meeting on 6 July. Of course there was the usual opposition to this complaint by the usual sources and even some unexpected ones.

So, of course, we have all been treated to lengthy expose's on why the Chief Justice was correct and why we so desperately need "transformation" even at the expense of experience. But it would seem that we have to have transformation even at the expense of respect for the law at all. You see, the Magistrates Courts have already been highly "transformed" (read: white magistrates kicked out and replaced with unqualified black magistrates - who also go on strike I may add, something that NEVER happened during Apartheid but I digress).

And as a result of this lovely transformation of our courts, not only have we had failure after failure after failure by the courts to properly prosecute and convict criminals but have also seen distinct failures of the justice system where criminals are let off the hook with inadequate sentences. But that is not the concern here - the concern that I wish to bring to the attention of my international readers is the fact that this year alone there have been 222 reports of Magistrates who have been implicated offences including sexual harassment, drunken driving, assault, gambling, fraud, theft and even murder. Yes folks, these are the people who have been tasked with upholding our justice system. And people wonder why we have no respect for the courts or the legal system anymore. 

Well this is the reason - the inexperienced, uneducated, ill-equipped, unqualified and criminal magistrates that have been forced onto the bench ahead of better qualified and more experienced legal professionals in the name of "transformation". One has to wonder if this isn't exactly what the ANC was hoping for? We have already been advised that the SAPS will ADMIT to the fact that 1448 police officers have criminal records (only God knows how many more they have covered up - even the high ranking officer who was actually appointed as Gauteng Police Commissioner has pending criminal investigations and charges).

All I have to say folks is that this is the South Africa that we were warned about by Verwoerd, Botha and the like - but no one took heed and what we are left with is a corrupt system which favours the criminals and is designed to slowly eliminate the white population of South Africa - but only after looting all of the wealth created by those they are killing. I hope the liberals who advocated for the end of Apartheid are happy with what they have caused.


Magistrates 'drunks, thieves and killers'

2013-09-01 11:52
Pretoria - Magistrates around the country are under fire for breaking the law - with four having been kicked out this year alone - as the credibility of courts suffers.

The Sunday Times reported that some magistrates have been suspended and, in some instances, removed from office for offences including sexual harassment, drunken driving, assault, gambling, fraud, theft and even murder.


According to the report, the seriousness of some of the cases has raised doubts about the magistrates’ ability to mete out justice. Statistics provided by the Magistrates’ Commission last week show that 258 complaints were made against magistrates last year, whereas 222 complaints have been received this year so far. These have resulted in 28 formal investigations.


Four magistrates have been removed from office this year, and one has been suspended. One magistrate was suspended last year. Some magistrates have also been accused of serious misconduct and in some cases they were found guilty.


Reports to parliament reveal numerous delays in finalising investigations against magistrates. In 2011, parliament’s justice portfolio committee complained of delays in the case of Mxolisi Matereke, a magistrate convicted of murder and assault. It took the commission more than three years after his first court appearance to charge him with misconduct.  


2 comments:

  1. GG, this post is 100% correct. No mistakes, no lies, thank you. I am a retired policeofficer. I was a senior when I retired. For almost 30yrs or so I worked closely with Magistrates, Attorney-Generals and for that matter with Judges aswell. In all of my career I never heard of any of those I mentioned, who misbehaved or were charged with miconduct. Never. Now it's common to hear such charges on a regular basis. What I say is that scum aught not to be in that position. They don't know how to handle it. The answer for me is that they are born like that. Drunkards, thieves, sexmolesters, brutalbehavioured and many other things. Whats abnormal to us, is normal to them. I hope this post will be read far and wide so that people who always want to make the whites the baddies, might see and understand what we in SA must endure. Keep up the truth!

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    1. I'm also in the legal profession and I can tell you that on the whole I have far more respect for a senior advocate than I do for almost any magistrate. Not only are they entirely unable to grasp concepts presented to them in court, but they have an aura of such intense entitlement and arrogance about them that it is entirely distasteful. There are of course exceptions to the rule but I know a whole host of my colleagues feel the same way. Its the reason that I now avoid the courts at all costs.

      Its actually extremely sad and I can completely understand why there is no trust in r respect for the legal profession anymore because this is what most people encounter. I should say that most black attorneys are similarly unable to do the jobs they charge exorbitantly for and are just as prone to acting unethically and unlawfully.

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