Law Society cautions against uninformed criticism of courts
2 December 2020
The Law Society of South Africa (LSSA) in its commitment to the rule of law cautions against uninformed criticisms of our courts, commissions and tribunals held under the authority of judges. This comes after the LSSA has noticed public outcry following the recent Supreme Court of Appeal (SCA) judgment on the ‘Coligny sunflower case’.
Pieter Doorewaard and Phillip Schutte were acquitted on 27 November 2020 when their appeal was upheld in the SCA. The pair had been convicted of the murder of Mathlomola Jonas Mosweu in April 2017 in the North West Division of the High Court, Mahikeng. It was an emotive case that resulted in public violence and was referred to as the ‘sunflower murder’ due to the ill-fated and tragic death of the young boy caught stealing sunflowers, as a country we still mourn and are coming to terms with this.
Some politicians are urging the National Prosecuting Authority (NPA) to appeal the acquittal to the Constitutional Court. Many members of the public are disappointed and angered by the decision of the SCA with some questioning the motive of the three judges who presided over the appeal.
‘Judges do not make decisions on appeal to suit the polemics of the day. They make their decisions on the law and the facts presented to them. This is done via the jurisprudence developed by our courts over many years,’ says LSSA President, MvuzoNotyesi, adding that ‘when any litigant, like the NPA in this appeal, feels the decision of a court is wrong, such litigant has a right to appeal. The NPA will assess the SCA judgment and decide whether to appeal to the Constitutional Court.’