All Eyes On Our Justice System
The Oscar Pistorius trial is proving to be a great eye-opener to the functioning of our justice system, thanks to the court decision that allowed for it to be broadcast. Many people, both domestically and around the world, are following the trial. I learnt the other day that according to a media monitoring company called Driven Data Insight on one particular day when Pistorius was on the witness stand, nearly 150 000 articles were published in print, online and the broadcast media. In a way, the broadcasting of the trial has brought our justice system under world scrutiny. Millions are watching.
In spite of the negative image - from a crime perspective - the trial has brought something positive for our country, we should take comfort in the fact that the integrity and well-functioning of our justice system is there for the whole world to see. And the court proceedings have so far not disappointed. Without passing judgment (that's for the court to do), all those who have so far testified or participated in the proceedings must be commended. We have seen the razor-sharp skills of defense attorney Barry Roux in the early days of the trial when he questioned state witnesses. Roux has been seen by others as a hero and by others as a villain. But a defence attorney has to do what a defence attorney has to do, which is to keep his client out of jail.
In the past few days we have witnessed the needle-sharp state prosecutor Gerrie Nel interrogate the accused in what others have described as an extremely combative style. But again, a state prosecutor has to do what a state prosecutor has to do, which is to present the state's case beyond reasonable doubt and secure a conviction. And then there is Judge Thokozile Masipa, presiding over the case, who does not hesitate to call both the defense attorney and the state prosecutor to order when she thinks they are stepping out of line. We saw her earlier chiding Roux when he argued with a witness. Last week she slated Nel and cautioned him to mind his language after he had called Pistorius a liar. The idea of two white men being chastised by a black woman, who they deferentially refer to as "My Lady", is in itself fascinating and demonstrate how far our country has come. Power relations in our country are changing, the judiciary is being transformed and we are becoming a normal society.
Back to the public educational value of the trial, I was inquisitive about the two people, called assessors, sitting next to the judge. What exactly is their role? It has been explained to me that they are not necessarily judges but could be experienced advocates or retired magistrates. They are there to help her make a decision. At the end of the proceedings they will present their opinions to her but she has the prerogative to override them. One was also inquisitive about why the trial, initially heard by a magistrate during the bail application, came to be heard by the High Court. Because the case is considered a Schedule 6 offence (which involves, among others, premeditated murder) and of a high profile nature, it had to be heard by a judge, I learnt. I am certain there are many other elements we are all picking up about the case which enriches our understanding of the country's justice system. It is good for our democracy.
I do wish though that the efficiency we are seeing with this High Court matter could be replicated in our lower courts. One has read too many stories about the challenges facing our magistrate courts, from high vacancy rates to poor facilities and backlogs with cases. The magistrate’s courts are critical in the delivery of justice at grassroots level and the poor and it important that we get them right. I suspect that while we have no qualms as a country to showcase our High Court system to the world through the media, we may not be as equally enthusiastic when it comes to the lower courts. Be that as it may, the Oscar trial demonstrates how far we have come in improving our justice system.
Another case that is about to put the world spotlight on South Africa is that of Shrien Dewani who arrived in the country last week to face charges of having masterminded the murder of his wife Anni Hindocha when they were on honeymoon in Cape Town in 2010. It is very unfortunate that such spotlight has to be occasioned by the loss of two innocent lives at the hands of the men they had intimate relationships with. Regrettable as this is, these two trials offer us an opportunity to show the world our Constitution and legal system in action. Critically, they offer us an opportunity to ensure that justice is done.
