Criticism mounts over special treatment for judge

The judge, facing drunken driving charges, was granted a hearing in chambers. The DA has called on Justice Minister Brigitte Mabandla to explain why the judge was given special treatment. ‘First ANC struggle activists-turned-politicians get special treatment in prison. Now it seems struggle lawyers-turned-judges get special treatment in court,’ said DA spokesperson Sheila Camerer. The DA was seriously concerned about this ever-more prevalent phenomenon: one law for ordinary folk and special treatment for the anointed few, she said, according to a report on the IoL site. The postponement of his case was apparently arranged with the prosecutor in the case. In terms of the Constitution, the NPA should exercise its functions without fear, favour or prejudice, said Camerer. Full report on IoL site

Former Gauteng Bar Council chairman Nazeer Cassim SC has come under fire on the Constitutionally Speaking blog from University of Western Cape law professor Pierre de Vos. As reported in Legalbrief Today yesterday, the prosecutor who arranged the appearance of Motata in chambers defended his action, saying: ‘…If people think there is something wrong with that, they need to come to me’. He was supported by the current head of the Gauteng Bar Council, Gerrit Pretorius SC, who said there was nothing extraordinary about Motata’s appearance. According to De Vos, ‘this just goes to show that being an SC does not necessarily give one any understanding or insight into the basic requirements of living in a democracy. Of course, these learned SC\'s are correct that no one who appears in a criminal matter would like to be confronted by the press – whether one is Dina Rodriguez, Mathias Mathe or Judge Motata. The point is, though, that under the rule of law one cannot demand or expect special treatment from the criminal justice system just because one is a judge.’ He adds: ‘The fact that Judge Motata played along in this disgraceful charade is just another black mark against his name. He, of all people – sworn to uphold the Constitution and the law – should know that no one deserves special treatment before the law and that in his position he has a responsibility to face the music in open court. Constitutionally Speaking article