The law, like the suburban American house, is designed to order a particular pattern of relationships, many of them oriented around the heterosexual nuclear family. For real people in contemporary circumstances to inhabit the house the law built, one has to find side doors and discreet corners, while the dominant space changes little and the façade remains unaltered. The two big L.G.B.T.-rights Supreme Court victories that came before Bostock—Windsor and Obergefell—did exactly that: they carved out a place for monogamous same-sex couples who want to marry (statistically, these are more apt to be white middle-class people like the plaintiffs) in the house of the American nuclear family.
Safety and Security Minister Charles Nqakula’s proposal to amend the Constitution so as to allow Police to detain arrested suspects for longer than 48 hours before charging them in a Court of law, sounds like a spectacularly unwise idea. He is arguing that Police find it difficult to always formulate a charge before the end of the 48 hour period and suspects are then set free and even sue the Minister for wrongful arrest. There are at least three ways to respond to the Minister of Safety and Security.
On the Cape Talk with John Maythem this afternoon, Peter Gastrow suggested we should re-look our Criminal Procedure model and investigate whether it would not be better to move towards a more inquisitorial system, like on the Continent. That way Magistrates, say, could play a more active role in the run up to a trial. Interesting suggestion worth exploring I think.BACK TO TOP