BLA CONDEMNS THE PERSONAL ATTACK ON THE INTEGRITY OF THE HONORABLE JUSTICE MASIPA

Black Lawyers Association (BLA) has been observing with keen interest the public attention the Oscar Pistorious trial has attracted. We expected that same may attract unprecedented attention due to the fact that it enjoyed live television coverage. We find it normal for Judgments to receive criticism in and outside the court rooms, same may be done by the judges, legal practitioners, academics or by ordinary members of the public. The critical comments on the substance of a Judgment are necessary and healthy in a democratic society.

BLA is, however, opposed to the types of unprecedented criticisms which are aimed to attack the personal integrity of the Judge Masipa in particular and the Judiciary in general. We find these sort of the attacks to Judges to be problematic because the Judges cannot be expected to come out defending themselves in media. Like what Judge Masipa did, Judges make their reasoning and stand points in a case once and for all in their Judgments.

BLA finds it to be totally unacceptable that those who do not agree with the judgment of Judge Masipa go to the extent of threatening to physically harm her. The use of irresponsible statements which label her as a "moron" cannot in a way be justified as a fair criticism and must be condemned in the strongest terms possible for they amount to contempt of court and that they do not have a space in our democracy.

Unfounded suggestions that Judge Masipa has been bribed in order for her to the decision she did is a serious accusation which undermines our justice system. Such actions are irresponsible and undesirable as they compromise the integrity of the Judge. It is unacceptable that the criticism should be aimed to or result in the undermining of the administration of Justice. We call upon the section of the South African population which feels aggrieved by the Judgment by Judge Masipa to wait for the cause of Justice to fully unfold. Members of public should be reminded that our judicial system puts in place the mechanism through which the decision of a Judge or Court may be appealed or reviewed to a higher court.

In this instance it is the National Prosecution Authority (NPA) which must consider its case and decide if, on the point of Law (interpretation of dolus eventualis by Judge Masipa), they have a strong case which justifies their application of leave to appeal to the Supreme Court of Appeal. Insults and threats to the judge by members of public through social media and other forms of media do not assist in building the independence of judiciary, which is the corner stone of our democracy, but only instigate unwarranted attacks on Judge Masipa.

BLA deems it important to counter these attacks levelled against Judge Masipa and the judiciary because Oscar Pistorious case is a high profile case and all the unwarranted attacks linked with it may result in disregard of the judiciary and such memory will linger longer in the public perception about our courts.

BLA commends the Judges who live to the Constitutional Court's ruling, in the much acknowledged Makwanyana case where the following was said " ... Court cannot allow itself to be diverted from its duty to act as an independent arbiter of the fact by making choices on the basis that they will find favour with the public". In the same vein we call upon media and the public not to expect the Courts to substitute their "opinion" for Court's judgments and if the courts rule contrary to what they expected they should respect the rule of law.

Judge Masipa should be respected for applying the law without fear or prejudice. BLA is proud to have black female Judges, in our country, of Judge Masipa's calibre who are ready to tackle any case irrespective of the attention it attracts. Their courage and dedication dispels the unacceptable backward thinking notions or suggestions that black women lawyers are used as "window dressing".

BLA is more worried because it would appear that the attacks directed to Judge Masipa are so directed to her not because of her in ability to perform her duties as a judge but on account of her being a woman and black.

Statement issued by PB Mabunda, President of the Black Lawyers Association, September 17 2014

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