Faizel Patel – 23/11/2020
Former Judge Johann Kriegler says it is very upsetting to see a lack of obedience and disrespect of the judiciary in South Africa that is characterizing public life.
Judge Kriegler and Lawson Naidoo, the executive secretary of the Council for the Advancement of the South African Constitution (CASAC) were speaking to Radio Islam on Monday about reports of the fear, intimidation and disregard for the law in our courts
While there have been reports on the attacks on our judiciary, the extent of the threat has become more concerning after acting chief magistrate Manesa Zondo recently granted bail in a Delmas Court to an ANC local municipal Speaker who are standing trial on several serious charges.
Magistrate Zondo felt he had no option but to grant Robert Khaya Segone bail after he received death threats.
Zondo’s Bronkhortspruit colleague was assassinated after receiving similar threats.
Judge Kriegler says the attacks and disregard for the judiciary stems from the top in South Africa.
“If the former president, the example to everybody can show his contempt for a judge, who can blame a local magistrate for being afraid of a local politician. The thing is much wider than just Delmas.”
Naidoo says attacks on the judiciary has become a phenomenon again, but it is nothing new.
“It signifies the new political trend, particularly in the context where high profile political office bearers are being charged in the courts and facing the law. It’s a worrying trend, it has the capacity to undermine the rule of law. We need to take it seriously, we need to defend the integrity of the judiciary.”
Judge Kriegler says the rule of law is not an abstract theoretical political concept but rather a legal process that differentiates “between us and the jungle.”
Listen to the discussion with Judge Johan Kriegler and Lawson Naidoo
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