Tuesday, February 27, 2007

Motata a chance....

News24 reports that Justice department officials were unable to explain on Tuesday why a Pretoria judge appeared in a magistrate's chambers, instead of an open court, in connection with a drunken-driving incident. On Tuesday, High Court Judge Nkola Motata appeared briefly in the magistrate's chambers in Hillbrow courts. Magistrate Herman Visser said the senior prosecutor had asked that Motata appear in chambers.


We all know, of course, why Judge Motata appeared in chambers - it's because he is more important than us and thus above the normal legal process to which especially poor people are subjected. If the senior prosecutor in this case is not disciplined by the Department of Justice for this scandalous actions, a great big stink should be made by all and sundry. If the Rule of Law (such as it might be) means anything, it means that no one is above the law and that all people - even judges - must be treated according to the same rules.

But because Judge Motata is a judge he was clearly given special treatment. This undermines respect for the law amongst ordinary people and ultimately undermines respect for our precious democracy. The fact that the prosecutor thought this was appropriate is particularly worrying seeing that he or she is supposed to be at the forefront of enforcing the law.

But then again, in a country where the previous Director of Public Prosecutions made a decision not to pursue a criminal case against Jacob Zuma because of his position as Deputy President of the country and the ANC, it is no wonder that lowly prosecutor thinks that high-ups should get special treatment.

The fact that Judge Motata played along in this disgraceful charade is just another black mark against his name. He, of all people - sworn to uphold the Constitution and the law - should know that no one deserves special treatment before the law and that in his position he has a responsibility to face the music in open court.

2 comments:

johan de waal said...

Good stuff, Pierre

Let us also ask Pretorius S.C:

1. Who else have appeared in this unextraordinary manner?

I guess the stupid, stupid press has again just misquoted learned counsel.

Pierre de Vos said...

Johan, we both know you should not hold your breath in anticipation of receiving a long list of people treated in this "unexceptional" manner. But there was that one time when Mr Jacob Zuma made an appearance in Court and his bodyguards prevented the media from entering the court room.....