Need to know more about legal system

LEGAL systems have often been slow in the proper application of justice and slower still in adopting scientific methods of investigation.

Then there’s the hypocrisy and sarcasm of judges, like when Justice Oliver Wendell Holmes jnr told an attorney: “This is a court of law, young man, not a court of justice”. Oddly enough, above the building was written “US Supreme Court of Justice”.

For better or worse, South Africa is a country built through conflict between European explorers and local tribes. The personality types such a harsh environment required did not naturally lend themselves to deep thinking or dispassionate reasoning.

Most often people made snap decisions based on fear and prejudice, a habit continuing to this day. As such, criticism of the legal system is swift, harsh and usually based on little reflection.

Then again, given the myriad stories about lawyers’ malpractice, magistrates’ flawed judgments, undue favouritism of prominent citizens (a judge unlawfully emptied the court where Jacob Zuma was charged with rape), parole of repeat offenders who offend again and those suffering from a “disease in the terminal phase” like Schabir Shaik and Jackie Selebi, it’s no wonder ordinary citizens have lost faith in the legal system, due process and the legal fraternity. Of course, if critics ever found themselves in similar situations, they’d very likely insist on every legal courtesy and stratagem being used for their benefit, too.

So, what is the problem? The answer is complicated.

It has to do with too many bungled police investigations, slow pace of trials, a legal system burdened by too many cases and not enough judges and prosecutors, an overcrowded prison system which is forced to release criminals, and the general lack of help and sympathy for victims on the part of the entire law enforcement system from SAPS through to the Justice Department to correctional services.

Yes, there’s a lot of anger. Some of it is justified and some misplaced.

Nevertheless, there’s no denying that there’s insufficient communication and understanding between citizens, police, lawyers, judges and prison authorities about the expectations of ordinary people and the ability of the system to satisfy them. We need to talk about the Criminal Procedure Act, what it enables and forbids, the needs of police, standards of quality of evidence and representation required by the courts, the fees and conduct of attorneys and advocates, and under-resourced prisons and warders.

We need to talk so that we can stop shouting at and smearing each other. We need to talk because we have too many laws and too little knowledge.

M Negres, Port Elizabeth