A SERIOUS BLEMISH ON OUR JUDICIARY

The re-arrest of a rape suspect at the home of High Court Judge Sipho Nkosi yesterday morning will do very little to erase the blemish that has been smeared on the Judiciary by the judge who took it upon himself to influence police officers and a principal magistrate to not only release the suspect into his custody, but have his charges amended to a lesser offence; an act which has left the legal fraternity and the public at large, flabbergasted.

While not unusual for people to visit police stations to request release of their relatives on their own recognisance, it is highly unusual for the police to agree, especially given the seriousness of the offence. One could easily draw the inference that the police were influenced by the stature of the person before them;so was the magistrate, despite the judge claiming not to have acted in his personal capacity when he addressed the court. It has taken the intervention of the Director of Public Prosecutions (DPP),  Phila Dlamini,to get the suspect back in custody after being granted an order by the High Court setting aside the ruling by Principal Magistrate Phathaphata Mdluli.

In his application, the DPP described Mdluli’s action as a pertinent procedural irregularity as he (Mdluli) usurped the powers of the High Court of reviewing subordinate courts by overturning an order made by Magistrate Sibonelo Dlamini to remand the suspect in custody. By all accounts, this unprecedented episode has revealed conduct that is viewed as improper and not befitting of a judge and principal magistrate. There is a suggestion that it may amount to obstruction and or defeating the ends of justice. This is why we call upon the Judicial Service Commission (JSC) to vigorously investigate and make public its findings expeditiously, to assist settle the bemused minds of the public who are now more than likely to believe that our Judiciary is, indeed, open to abuse of power by those entrusted with the responsibility to jealously guard its sanctuary.

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