Daily Dispatch

Web too tangled for local judge

THE dramatic turn of events in the Grahamstown high court on Wednesday amid the dispute over the coronation of Prince Azenathi Dalindyebo as acting king of the AbaThembu could, in all likelihood, have been avoided.

Prince Mankunku Mthandeni Jongisizwe Dalindyebo, who sought to interdict the coronation of his nephew, and his legal team abruptly abandoned the application.

They cited a number of reasons, among them strong discomfort that a judge from the Eastern Cape division would hear the matter.

It had been understood that an out-of-province judge would be sourced – and with good reason. Azenathi’s mother, Buyiswa Majiki, is a Mthatha-based Eastern Cape division judge and it would not sit well if a colleague was to hear the case of her son.

Ngangelizwe Royal Family Chief Thanduxolo Mtirara pointed out that she also did her articles under Judge President Themba Sangoni when they were both attorneys and she was later appointed a judge of the division on his watch. Sangoni himself has strong AbaThembu ties.

The web was too tangled and it seemed judicious to draw a judge from elsewhere.

But, for whatever reason, an Eastern Cape division judge, Gerald Bloem, was required to preside in the matter. Bloem spoke in court of how he had reluctantly taken the case at Sangoni’s request as there had been no one else locally willing to take the task.

With his colleague Judge Majiki reportedly sitting in the front row next to her son’s counsel, facing Bloem, it is hard to imagine that Bloem’s discomfort eased.

Certainly it was her presence in court that Mankunku’s attorney Asanda Mgangatho said was the final straw. They felt they could not get impartial justice and abandoned the application.

There can be no doubt that Bloem, a highly regarded legal figure, would have conducted himself with honour, integrity and within the bounds of his oath requiring that he administer justice to all without fear, favour or prejudice.

But he should not have been required to defend his honour in court in the first place. Nor should he have been in a position where he had to give an assurance that Judge Majik’s presence in his courtroom would not influence him in any way whatsoever.

He was placed in an invidious position by having to be there in the first place. The situation became more awkward with Judge Majiki in the courtroom.

It is vital to any democracy that its justice system is perceived to be accessible, transparent and fair by litigants, lawyers and the ordinary person. If that perception is not there, the legitimacy of the entire system of justice is brought into question.

Sangoni has first-hand experience of such a challenge. The judiciary had to go to extremes to avoid perceptions of bias in a case he was involved in. As an executor of former president Nelson Mandela’s estate, he opposed Winnie Madikizela-Mandela’s high court bid for ownership of her former husband’s Qunu home. Three senior out-of-province judges were sourced to hear the matter, so avoiding a possibility of complaint.

He should surely have ensured that this same courtesy was extended to all involved in this week’s matter.