Quote of the week

The judgments are replete with the findings of dishonesty and mala fides against Major General Ntlemeza. These were judicial pronouncements. They therefore constitute direct evidence that Major General Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy the position of any public office, not to mention an office as more important as that of the National Head of the DPCI, where independence, honesty and integrity are paramount to qualities. Currently no appeal lies against the findings of dishonesty and impropriety made by the Court in the judgments. Accordingly, such serious findings of fact in relation to Major General Ntlemeza, which go directly to Major General Ntlemeza’s trustworthiness, his honesty and integrity, are definitive. Until such findings are appealed against successfully they shall remain as a lapidary against Lieutenant General Ntlemeza.

Mabuse J
Helen Suzman Foundation and Another v Minister of Police and Others
27 February 2007

Motata a chance….

News24 reports that Justice department officials were unable to explain on Tuesday why a Pretoria judge appeared in a magistrate’s chambers, instead of an open court, in connection with a drunken-driving incident. On Tuesday, High Court Judge Nkola Motata appeared briefly in the magistrate’s chambers in Hillbrow courts. Magistrate Herman Visser said the senior prosecutor had asked that Motata appear in chambers.

We all know, of course, why Judge Motata appeared in chambers – it’s because he is more important than us and thus above the normal legal process to which especially poor people are subjected. If the senior prosecutor in this case is not disciplined by the Department of Justice for this scandalous actions, a great big stink should be made by all and sundry. If the Rule of Law (such as it might be) means anything, it means that no one is above the law and that all people – even judges – must be treated according to the same rules.

But because Judge Motata is a judge he was clearly given special treatment. This undermines respect for the law amongst ordinary people and ultimately undermines respect for our precious democracy. The fact that the prosecutor thought this was appropriate is particularly worrying seeing that he or she is supposed to be at the forefront of enforcing the law.

But then again, in a country where the previous Director of Public Prosecutions made a decision not to pursue a criminal case against Jacob Zuma because of his position as Deputy President of the country and the ANC, it is no wonder that lowly prosecutor thinks that high-ups should get special treatment.

The fact that Judge Motata played along in this disgraceful charade is just another black mark against his name. He, of all people – sworn to uphold the Constitution and the law – should know that no one deserves special treatment before the law and that in his position he has a responsibility to face the music in open court.

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