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Legalbrief   |   your legal news hub Thursday 21 November 2024

Free State judge says system has ‘collapsed’

Free State Judge Arrie Hattingh – the same judge who blamed ‘Africa time’ for the delay in DNA test results – has attacked the ‘laxity and incompetence’ at the heart of on the criminal justice system, insisting it has completely ‘collapsed’.

A Sunday Times report says he made the comments in the trial of a 23-year-old farm labourer who had stabbed his elderly mother 35 times. The labourer, Fanie Tshabalala, almost walked free after killing his mother, said the judge, because of shoddy police work and staff and equipment shortages at the National Forensic Laboratory in Pretoria. Evidence, including the murder weapon, vanished from the Warden Police Station. And, a year and a half after the murder, key DNA tests have yet to be processed. On Friday in the Harrismith Circuit Court, where he sentenced Tshabalala to 17 years in jail, Hattingh remained combative. He ordered State Advocate Lucky Bontes to ensure his judgment was sent to Safety and Security Minister Charles Nqakula, ‘the one who says there isn’t crime’. He also called for the head of the Warden Police Station commander, Captain Mthenjwa Kheswa, who ‘threw away the evidence’. Full report in the Sunday Times