Legal experts differ over issue of swift justice

Most seemed to think it was probably part of ‘damage control’ and an attempt to prove to the world that SA was not totally lawless; others were concerned that rapid-fire convictions could lead to a failure of justice. Those who believe there was nothing wrong with the swift pace at which Pietermaritzburg Judge Jan Hugo had dealt with Fethe Sibusiso Nkwanyana (23) include Pretoria attorney Jacques Beetge, who said that in his experience, the Director of Public Prosecutions would not accept the plea of guilty if it was not collaborated by the facts in the police docket. ‘There was nothing wrong with swift justice. It does not waste time or taxpayers’ money,’ Beetge said, according to a report in The Mercury. Advocate Johann Engelbrecht SC said it was always in the interest of justice that a trial be speedily concluded. But speedily, he said was a relative concept. Another senior advocate who often acted as a judge said there was no reason why a case could not be dealt with swiftly, especially when there was no dispute about facts and no witnesses to call. The advocate said the parties involved should actually be commended for conducting the Nkwanyana trial so swiftly. Full report in The Mercury (subscription needed)

Others, though, raised some concerns. Stephen Tuson, lecturer in criminal law at Wits University, is quoted in an SABC News report as saying the hasty conviction could lead to a failure of justice. His concerns were echoed by Raymond Joffe, an attorney, who says he was also worried about the speed with which Nkwanyana was convicted and sentenced. The Public Prosecutions office in KwaZulu-Natal says the case was straight forward because the accused pleaded guilty. Full SABC News report