Early in 2016, a racist outburst by a white woman in KwaZulu-Natal, Penny Sparrow, ridiculing Black beachgoers as ‘monkeys’, and announcing that thenceforth she would ‘address the [B]lacks of South Africa as monkeys’, published in her online profile, was quickly disseminated countrywide. It convulsed South Africa in shame and acrid anger. The [Constitutional] Court was not unaffected. Previous members of the Constitutional Court took comfort in reflecting, with evident satisfaction, on the absence of racially loaded and racially defined splits. Dramatically, these now fractured the Court.
The delay in this matter is totally unacceptable. This case strangely has the hallmarks of the Zuma Principle – to drag the case through even when there are manifestly no prospects. These particular tactics have since become common place in our courts. The delay of some 16 years cannot on any platform be justified. Approximately 17 judges have in one way or another dealt with this matter not on trial but on peripheral issues. The Applicant is using the old well-known tricks to cause a delay. The Applicant is now representing himself. He has dismissed the attorneys from the case and hopefully they will never reappear in this matter at any future convenient time.
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