‘Don’t get personal with judges’
While criticism of the judiciary is welcomed, legal experts have warned that baseless and personal attacks on judges could land those responsible in trouble with the law.
This comes against the backdrop of the Constitutional Court, particularly Chief Justice Raymond Zondo, coming under attack for setting former SA Communist Party leader Chris Hani’s assassin Janusz Walus free.
Experts have warned that irrational utterances against judges invited charges of scandalising and contempt of court, with those threatening or calling for violence risking prosecution for incitement.
Constitutional law expert Dr Llewelyn Curlewis said it was unfortunate that the public did not appreciate it when the courts actually get it right.
He warned South Africans to refrain from comments amounting to incitement. “Do not be surprised if criminal charges are laid against them if an interested party deems it necessary to do so in order to protect our democratic society.”
Curlewis said Zondo, in agreement with other judges, interpreted the applicable law correctly in releasing Walus on parole.
“When applying the law on sound principles, instead of emotional outbursts, we have a legal system functioning well,” Curlewis said.
Hani’s widow, Limpho, was infuriated by the ruling on Monday, describing it as “diabolical”, saying karma would deal with the judges responsible for the decision.
Gauteng premier Panyaza Lesufi joined the onslaught, saying “we feel betrayed… we can’t leave this unattended”, urging his followers not to allow the “miscarriage of justice”.
Bernard Bekink, professor in public law at the University of Pretoria, said the politicised and emotional attack on the judiciary destabilises the constitutional order, rule of law, and judicial independence.
“If there are people calling for violence, those need to be dealt with according to what the law requires.”
Director of Accountability Now advocate Paul Hoffman, said: “Our judiciary ought to be treated with respect by everybody. Attack the finding, but not judges. You will get yourself into trouble.”