Don’t play the race card

OUTH Africans have reacted angrily to the decision by Judge Thokozile Masipa to acquit Oscar Pistorius for the murder of his girlfriend, Reeva Steenkamp. He was instead found guilty of culpable homicide. While some believe the judgment was fair, others believe that a reasonable person would have known that shooting through the bathroom door would kill someone.

While debate is healthy in a democracy, this decision by Judge Masipa has unleashed a flurry of threats and personal attacks on her. Is this warranted? Is it fair to question her judicial capacity on the basis of race or gender?

Soon after Judge Masipa delivered her judgment on Friday, many people took to social networking sites to vent their unhappiness and frustration at the verdict.

The threats have been perceived as real and police protection has had to be stepped up around the learned judge.

On Monday, the Legal Resources Centre, Section 27, and the Centre for Child Law issued a joint statement declaring that some of the remarks against Judge Masipa may even border on hate speech, defamation and contempt of court.

The group said the comments allege that Judge Masipa was corrupt, and her gender and race rendered her incompetent in appropriately applying the law to the evidence presented.

While it is understandable that many people would be upset with Judge Masipa’s ruling, should this type of behaviour be condoned? Why is the judiciary so silent on this issue? Judge Masipa and her two assessors would have had to consider all the facts and evidence placed before them.

Ultimately Judge Mapisa had to make a decision – and she did.

While there are many flaws in the South African justice system, it is unacceptable that a judge must be attacked because she is black and female.

This goes against our very Constitution, which does not condone inequality or discrimination.

A life sentence for Pistorius is most unlikely but he could still face up to 15 years behind bars.

His fate will only be known on October 13 when Judge Masipa delivers the sentence.

Hopefully, Judge Masipa will use the opportunity to explain in greater detail the legal discretion she exercised to enable the correct interpretation of her judgment to prevail.

Meanwhile armchair critics must refrain from putting Judge Masipa on trial.

S