While watching the Black Stars of Ghana being “cheated” out of a semi-final place at the Fifa World Cup by the very human hands of Luiz Suarez of Uruguay, one of my friends told us that he had just received an sms about the arrest of Paris Hilton for the possession of dagga at a World Cup game in Port Elizabeth. Poor Paris Hilton, I thought: why on earth was she stuck in Port Elizabeth?
It was later reported that Hilton (who – much like Julius Malema – has a certain knack for publicity) arrived at the courthouse about 30 minutes after being arrested and charged. While she waited for the hearing, people with FIFA badges were seen bringing her seven pizzas, 12 cold drinks and six waters in an antechamber. (A more innocent person than myself might have wondered why she was so hungry at that time of the night.) The charges against her were then dropped.
Hilton was lucky. Themba Makhubu, a 22-year-old Johannesburg man, was sentenced to five years imprisonment for stealing a cellphone from a World Cup visitor. Bright Madzidzi, 20, and George Magubane, 28, were sentenced to 15 years imprisonment for robbing Spanish and Portuguese visitors. No force was used during the commission of either of these crimes.
One could ask many questions about these different events. Why is it still a crime to possess small quantities of dagga? Did Paris Hilton get special treatment because she was famous? (One assumes Mr Madzidzi and Magubane were not given any pizza after their arrest.) Why did the World Cup Courts impose such harsh sentences on those convicted? Were the rights of the accused (to be presumed innocent and to get a fair trail) not trampled upon? And why was it possible to investigate and successfully convict these accused when many criminal cases drag on for many months and even years in our ordinary courts? Can we learn something from the experience?
Of course, in South Africa (as in many parts of the world) rich, famous or politically well-connected persons who are accused of committing criminal offenses, are usually not treated in the same manner as other accused persons who might not have the money to employ lawyers and are arrested and tried far from the media spotlight. Having a lawyer helps to ensure that one is treated with some dignity. It also helps to ensure that one’s Constitutional rights are not trampled upon. Without a well-functioning and extensive system providing legal aid to accused persons (something that is lacking in South-Africa), the rich and famous will inevitably be favored – whether they are tried by World Cup Courts or by any other Courts.
But if we accept this sad fact as given, it must be said that, on paper at least, there should be nothing amiss with the justice meted out at the World Cup Courts. Accused persons tried in these courts have exactly the same rights as any other person tried before the courts. They are presumed to be innocent until proven guilty and is entitled to a fair trial. Some of the sentenced handed out at these courts do seem excessive and I suspect that many of the sentences will be reduced in the event of appeals.
What the quick justice meted out at the World Cup Courts underline, is that where the political will exists to deal decisively with the investigation and prosecution of crime, huge improvements in the effectiveness of the criminal justice system will ensue. More money is of course needed. But a more effective use of existing resources will also make a difference.
Will we learn this lesson? Will there be more political pressure on the police to investigate crimes that are committed? Will the police be better managed and supported to help them to up their game? Will the management of courts and of case loads be improved to try and emulate the World Cup Courts experience? Will the police receive better training so that they will be able to do the hard work of investigating cases and of properly gathering the evidence required to secure conviction? Is there a chance that the politicization of the criminal justice system will be reversed?
I wish I could have answered in the affirmative to these questions. Sadly, both the present heads of the police service and of the prosecuting authority were appointed because of their political connections rather than because of their knowledge of the law, their management abilities and their understanding of policing and prosecution. This means that the chances are rather slim that we will learn any of the lessons we could have from the World Cup Court experience.
Hopefully I am wrong. Perhaps both Bheki Cele and Menzi Simelane will grow into their jobs. Perhaps they will learn to leave their political allegiances aside and will work tirelessly to improve the criminal justice system to make it both more effective and more fair.
Then again, given the events of the past few years, I am not optimistic. The NPA Head was fired exactly because he wanted to put political allegiances aside while the Police Commissioner was at first protected because he did not.
Meanwhile the Paris Hilton’s of our world (including politicians and their friends) will probably continue to enjoy special treatment while the rest of us will look on helplessly.
Hi Prof,
In one of my blog posts “Fifa should run SA, MAYBE” found here http://www.akanyangafrica.co.za/?p=840, I said: “Since Fifa came there have been Special Courts (see also here) or what Ivo Vegter called “laws our government has written for the His Imperial Majesty Sepp Blatter” established and reportedly working properly.
“Therefore, maybe, just maybe, Fifa should stay for good and run SA because with its presence it seems that the “(correct?) legal and criminal systems” said in the research to have been a contributor to the high rate of crime are now functional and effectively so.”
This, the prosecution and the time it takes, seem quite unfair.
And in reference to the same issues you raise here, I have even wondered if “world cup criminals received a fair trial” here http://www.akanyangafrica.co.za/?p=905. I fist asked “Why is it that criminals who have committed Soccer World Cup-related criminal activities are/have been speedily arrested by the South African police officials than those who have committed other ‘normal’ criminal activities before? Is this another special treatment for the powers-that-be Fifa?”
“… the speed at which they [world cup criminals] are being arrested and prosecuted or even the time it took for the police authorities to investigate and therefore make any arrest is quite questionable,” I said, without necessarily condoning the criminal acts.
“This is because, previously, as you may be aware – criminal cases have taken more than a month for the investigation to be concluded and therefore prosecution made. But recently, especially since Fifa came to town, the police and relevant authorities’ effectiveness and their efficiency have been impressive, I must say, yet leaving one asking whether the perpetrator – not that one is condoning their criminal acts or anything like that – has received a fair trail or not.
“Understandably, I may be accused of not having faith in our Judicial system, which is not the case. Frankly, I ONLY believe in a fair Judicial system that does not deny one, criminals or not, a fair trial as the Constitution of the land would like us to do. With this, one can only hope that those that those have been arrested and prosecuted during the world cup related-criminal activities do receive a fair trial.”
Great post, Pierre – you have enunciated some of my own thoughts – just far more eloquently than I ever could!
I have the perception that the sentences handed out to LOCAL criminals in these courts have been very harsh and right at the “top” end of the court’s discretion (this is my opinion, not a fact!).
I actually feel quite sorry for Themba Makhubu, Bright Madzidze and George Magubane – those sentences seem VERY harsh for allegedly non-voilent crimes (personally I make a big distinction between loss of goods / property and harm to a person).
In contrast, unless Ms Hilton is entirely innocent and was wrongfully arrested, I feel nothing but contempt for this rich attention-seeling airhead and would love to know the details of her alleged criminal activities for which charges were withdrawn, and the true reasons for the withdrawal.
The “withdrawal of charges” for the rich, powerful and politically connected in SA is hugely problematic for me.
What do do?
Is there not a civil society legal remedy possible, Pierre?
I seem to remember from my com law studies some 30 years ago the concept of “Nolle prosequi “(excuse the poor latin!) – if the state refuses to pursue a prosecution, under certain circumstances, a private person may pursue the matter?
@Akanyang
I suspect that you are right – whilst the old adage “justice delayed is justice denied” may in some circumstances be relevant, equally, justice put on turbocharged steriods is possibly equally problematic.
Whilst I understand the practical need to prosecute SWC cases speedily (witnesses and victims about to go back home overseas, it would cost a fortune to bring them back, even if it was possible ) etc, this is probably little comfort to the local victims of much more serious crimes, as well as those innocent awaiting trial prisoners that have been holed up for months or years (there must be a least a few that are not guilty!).
……….and justice for all!
SHOCKING mid-year exam results for Grades 3, 6 and 9 in the Eastern Cape have plunged the province into another education crisis as the government announces an overhaul of its national curriculum today.
Changes to Outcomes-Based Education (OBE) will only take effect later this year – too late to rescue the province from what already looks like a dismal start to the first common national exams introduced in these three grades.
Previously, the mid-year exams were set by the individual schools.
Although the results given to the Dispatch are preliminary, with some still outstanding, the outlook is bleak.
Subjects that appear to be the worst include:
English;
isiXhosa, first language;
Life sciences;
Maths;
Accounting; and
Economic management sciences.
Cluster A – which includes Libode, Lusikisiki, Maluti, Mbizana, Mount Fletcher, Mount Frere and Qumbu – saw only 28.5 percent of all pupils who wrote maths pass, and only 38 percent passed maths literacy.
Cluster C, which includes Port Elizabeth, King William’s Town, Graaff- Reinet, Grahamstown, and Port Elizabeth, saw only 39 percent of Grade 6 pupils pass. Results for East London, which falls under Cluster C, and all the results for Cluster B, were omitted.
In Grade 6, science and maths were again the shockers, with more than 70 percent of pupils in Cluster C failing these two subjects.
Education expert Dr Ken Alston was shocked by the results and said they showed a serious problem within the first six years of schooling which could not be rectified later.
“With an 80 percent fail in isiXhosa in Xhosa schools, that is a crisis. This is not just an indication of kids’ performance, but of teaching ability. Better teachers would get better results,” he said.
The department declined to comment, saying the numbers were yet to be ratified.
Today, Basic Education Minister Angie Motshekga is scheduled to announce further changes to the OBE curriculum following tweaks earlier this year.
The new curriculum is expected to give teachers less administrative work and pupils will no longer do more than one project for each subject during the school year.
Dr Granville Whittles, chief director of media liaison and communication at the national Department of Basic Education, said OBE was not being scrapped. But he added that the Council of Education ministers had already accepted some of the recommendations made by three committees which had been advising the minister.
“The committees came to the council meeting last week Tuesday and presented a draft report. The minister will make her announcement tomorrow at 10am,” Whittles said yesterday.
In January, the Daily Dispatch reported that changes would be made to OBE. From the beginning of the year:
Teachers would no longer keep multiple teacher files; only one would be required for all subjects;
Pupils would no longer do more than one project per subject during the school year. The idea was to limit the current practice of multiple and costly projects. Integrated projects would also be welcomed;
More emphasis would be placed on using textbooks;
Learner portfolios would be discontinued as teachers spend too much time monitoring them; and
Workbooks would be used instead of files.
OBE was phased in when the 2008 matric class was in Grade 1, and the system was aimed at developing a high level of knowledge and skills in pupils.
Since its introduction, however, OBE has come under fire, with critics and educationalists saying it was not suited to South Africa. The same system has already been scrapped in countries like Australia and Canada. — By ASA SOKOPO, Education Reporter, asas@dispatch.co
Hanover – A German who allegedly shot dead two Italians after a football row turned himself in to the police on the island of Mallorca, police said on Wednesday.
The two Italian men died after the 42-year-old suspect allegedly shot them in the head early Monday, in a pub in Hanover’s red-light district. The men had been arguing earlier over which country had won more World Cup titles.
http://www.monstersandcritics.com/news/europe/news/article_1569108.php/German-turns-himself-in-after-two-Italians-shot-in-football-row
On eownders how fair those trials were and if any defence was available and what opportunity these folks had to cross-examine the evidence.
I’m deeply suspiciois when it seems like justice is too swift and is there only for media purposes.
I get the sense that a decent defence attorney might be able to not only reduce the sentences but overturn the convictions because of the absence of a fair trial. In this case, temporary media hype, but the criminals will be released and the cause lost.
In other words, these courts are a waste of time.
Pierre, hoe weet jy van ‘die munchies’?
Brett, I would rather not as how I know about the munchies! Reminds me of the time when the CC were hearing oral argument in the Rastafarian case (Prince) and Mr Prince’s lawyer said that the Rastafarians could grow their dagga inside their homes to ensure that the growing was controlled and that others could not get access to it. To which Judge Kriegler answered: “But in my day one could only grow dagga in the warm sunlight!”
@ Prof
LOL!
2010 World Cup ‘one of the best ever’
Staff Reporter
July 08 2010 at 01:55PM
A top BBC football analyst and former Liverpool great says the other major soccer tournaments he has attended “pale into insignificance” when compared with the South African World Cup.
In a column for the BBC, Alan Hansen said that although the on-field action had been “slightly disappointing” the best thing about the World Cup so far had been “the atmosphere in South Africa”.
He said the tournament had been “organised magnificently” and local fans had “continued to be fantastic even after South Africa went out”.
“The South African public have not just embraced this World Cup, they have enhanced it and, for that reason, it should go down in history as one of the best ever. People really seem to have been enjoying themselves. It has been a terrific tournament,” he said.
http://www.iol.co.za/index.php?set_id=6&click_id=2871&art_id=vn20100708123517304C966002
http://news.bbc.co.uk/sport2/hi/football/world_cup_2010/8798307.stm
Of course the rich and famous get better treatment. You can be sure, too, that Jub Jub or whatever the clown’s real name is, is not going to go to jail either.
He allegedly (love that word) killed innocent school children through reckless driving, but was shortly after his arrest visited by Juju with some Nando’s chicken as a treat.
It has already been mooted that there should be a political solution to his trial. Really? Is this because he helped the ANC with their youth vote?
Incidentally, youth in ANC parlance seems anybody under 50. There’s hope for an old fart like me.
In any case, as you would have noticed, the Jub Jub case has fallen off the radar screen.
Getting back to Paris Hilton I agree, with very word you (Pierre) said. She is a bit like Julius Malema, except that he’s probably brighter.
And THAT says a lot.
Herman Lategan says:
July 8, 2010 at 17:57 pm
I seem to recall some intervention made by none other the NDPP himself over the bail for Jub Jub – as best as I can recall the prosecutor in that matter got rapped over the knuckles for doing his job properly.
At R85million the cost of World Cup Courts is about R1million per conviction.
LOL! Of course, that would have nothing to do with our shambolic 1st democratic election overseen by Judge Kriegler.
Is anyone making a determined effort to keep track of judgements in the democratic SA? Do any of our law schools have projects analysing judgements?
Will we be able to google ‘Makhubu’ or ‘Madzidzi’ 3 months from now and follow the progress of their cases right up to review by the Chief Magistrates of the magisterial districts under which these Courts fell? (If, indeed, the World Cup Courts are Magistrates’ Courts. Even that kind of information is not really available at the click of a button?)
Brett, another anecdote from the Prince case. The lawyer for Mr Prince was not doing very well in his oral arguments before the CC and Justice Zack Yacoob (who is blind) probably got bored. So he asked the lawyer rather misciefvously: “In the Christian Religion, the more you pray the closer you get to heaven. Is it the same with Rastafarians? The more they smoke the holy weed, the closer they get to heaven?” THe lawyer flailed and um and ahhed but sort of said: no it is not like that at all. What Justice Yacoob (and the lawyer with his back to the gallery) could not see was that behind him about 40 Rastafarians were nodding their heads, agreeing with the statement of the Judge. So 10 judges saw the disconnect between the lawyers statement and the response from the gallery. The eleventh could not.
LMAO! That gives new meaning to Marx’s idea that religion is the opium of the masses. It was a big surprise when the ConCourt did not overturn the criminalisation of dagga.
I never knew Yacoob was blind. That raises quite interesting scenarios. For argument’s sake? How does one assess an actor like Selebi’s evidence if one can not see him? How do you read the pleadings? I can just imagine how debilitating that is.
Brett Nortje says:
July 9, 2010 at 12:29 pm
“I never knew Yacoob was blind. That raises quite interesting scenarios. For argument’s sake? How does one assess an actor like Selebi’s evidence if one can not see him? How do you read the pleadings?”
Hey Brett,
How come you did not know that not only is Judge Yacoob blind, but he also cannot see – the CC even coined the phrase justice is blind after him.
Maybe he does not read the pleadings, just makes wisecracks.
He probably has not heard of braille or Jaws for Windows.
I’m surprised, Maggs.
The word ‘poo’ does not appear in the previous post yet you pop up?
Brett Nortje says:
July 9, 2010 at 14:06 pm
Hey Goofy,
hahahaha.
Are you wearing your dunce cap for the SWC finals – that should out do the Makarappa.
So, if you get more guns will you go to Gun Heaven?
OBE BABALAAS
http://www.timeslive.co.za/local/article550276.ece/Sasco–Cup-was-a-waste-of-money
At least someone is not scared of FIFA
FIFA and UEFA lose TV battle
2011-02-17 12:40Email | Print
Brussels – A European Union high court has ruled that countries can keep all Soccer World Cup and European Championship games on free-to-air television, arguing against FIFA and UEFA which sought the right to sell most matches to pay television.
Even though the General Court of the European Union acknowledged that the broadcasting rights to the competitions “constitutes a major source of their incomes,” it said that the World Cup and European Championship were “single events” that could not be divvied up at will.
Limiting the whole tournament to free to air television affects the income the federation can draw from their prime tournaments