Senekal last week had nothing to do with solutions. It was all about politicians’ testosterone. It was all about politicians’ egos. What useful idea came out of all that heat and noise generated by all those politicians in Senekal last week? There is nothing. Nothing that makes SA a better place. Nothing that leads us to a better understanding of race relations in SA after 1994. Nothing that is a solution to farm murders – many of whose victims are poorly paid, desperate black people – or a solution to the incredibly horrendous murder and crime problem in this country.
The abuse complained of in that case was that one of the accused persons had been incited by an informer and a customs officer to commit the offences in question and had lured him into the court’s jurisdiction. The court in Latif held that it was for a court to consider whether the abuse complained of was such as to justify a stay of proceedings. Mr Mpshe assigned to himself the role reserved for courts. If he had had proper regard to the decision in Latif, he would not have used it to justify the decision to discontinue the prosecution. Thus, he ignored relevant material such as the relevant dicta in Zuma, Latif and the appeal court judgment in HKSAR. The courts in the latter two cases were emphatic that allegations of abuse of process were within the remit of the trial court.BACK TO TOP