Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
It has been a long year, with so many political and constitutional twists and turns that it sometimes seemed hard to keep track of events and of who is up and who is down in our politics. The latest seemingly outrageous decision of a Parole Board to release two of the Waterkloof 4 killers to house arrest is just the latest in a long line of questionable decisions made this year by various officials.
I tried to ascertain – by reading the relevant sections of the Correctional Services Act – whether the release of the 2 Waterkloof killers were unlawful, but that Act is not easy to understand and I am just about to embark on holiday and, for the time being, was defeated by the complicated provisions of that Act.
What did strike me is the manner in which this case has been reported in especially parts of the Afrikaans media. Unlike with Schabir Shailk, where the reporting focused on the possible abuse of power in ordering Shaik’s release, some Afrikaans media outlets have been treating this case as if the Waterkloof killers have been the victims of a terrible injustice. How the cold blooded killers of a homeless man can ever be seen as victims is beyond me. I guess sometimes in our society race and language solidarity trumps everything else – including considerations of justice.
In any case, this is probably my last post for the year. I will be back early in the new year. Hope all readers of this Blog have a good holiday.
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