THE Oscar Pistorius criminal case casts a spotlight on the South African justice system in particular, and the conduct of justice in general.
Among other things, the Pistorius trial has raised an issue that many have asked: Can justice be truly and honestly blind? Is the depiction of justice as a blindfolded lady who is only swayed by the veracity and the weight of argument a true reflection of real life?
Cynics assert that though justice is blind, she knows the smell of money; she is seduced by power and is not averse to persuasion by the chorus of voices that fame is heir to.
Cynicism aside, in the United States research projects have been conducted to determine the reasons for the high number of people of colour being in US prisons. The fact that African Americans in particular – many of them poor – form a significant number of those behind bars and on death row suggests a miscarriage of justice being served on the poor, less educated people of colour.
Research confirms that financial standing of individuals, their levels of education, their status and race plays a significant part in the quality of justice they receive.
Rich folks can easily secure top legal teams competent and experienced in manoeuvring the tricky minefield of the justice system. They readily make bail, thereby avoiding spending time in jail, before and during the trial.
Finances also help avoid prison terms where payment of a large fine is an option.
Education and status assist the accused in understanding his/her rights and options. Further, these enhance the credibility of the individual.
Race alone counted more in circumstances of police arrest and ill-treatment. But race, combined with illiteracy or poor educational background and poverty meant the suspect was more likely to be at the short end of the stick as far as justice is concerned: From being typecast, to the inability of raising bail, and finally getting poor legal representation resulting in possible conviction.
Indeed, Oscar Pistorius is living proof that deep pockets and status can secure you all the necessary perks of justice.
His arrest was not coupled with the normal manhandling of murder suspects. Whilst awaiting a bail hearing he spent time in a single cell and was allowed to have extra blankets and other items that made his stay relatively comfortable.
Bail of R1-million was quickly acquired.
Barry Roux led Pistorius’s legal team and was able to go head to head with Gerrie Nel (the prosecutor) to the advantage of the accused. From a heavy charge sheet, only culpable homicide and the negligent handling of a firearm in a public restaurant were able to stick. Roux was even able to extend Pistorius’ bail regardless of the two convictions.
Pistorius is not the only one able to find favour in the lap of justice. The Waterkloof Four (white upper middle class teenage boys from Pretoria) found guilty of killing a homeless black person, spent their incarceration in prison cells with their television sets, music systems, and access to alcoholic beverages. They were even granted early parole. Schabir Shaik (a wealthy businessman known as President Jacob Zuma’s ally) was sentenced to numerous years in a maximum security prison for corruption, only to spend most of his time in a private hospital. He was later granted parole on the pretext of chronic illness. On his release, people were amazed to see him playing golf and showing signs of miraculous recovery.
Without money and power one is doomed to face the full might of the law. The old adage is still relevant: it’s the same the whole world over, it’s the poor who get the blame, it’s the rich who get the pleasure, ain’t it all a blooming shame.
Lord Gordon Hewart warned: “It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”
Kanyo Gqulu is from Mthatha. He was an adviser and spokesman for former deputy-president Dr Phumzile Mlambo-Ngcuka
Oscar judgment puts rich, poor in spotlight
Among other things, the Pistorius trial has raised an issue that many have asked: Can justice be truly and honestly blind? Is the depiction of justice as a blindfolded lady who is only swayed by the veracity and the weight of argument a true reflection of real life?
Cynics assert that though justice is blind, she knows the smell of money; she is seduced by power and is not averse to persuasion by the chorus of voices that fame is heir to.
Cynicism aside, in the United States research projects have been conducted to determine the reasons for the high number of people of colour being in US prisons. The fact that African Americans in particular – many of them poor – form a significant number of those behind bars and on death row suggests a miscarriage of justice being served on the poor, less educated people of colour.
Research confirms that financial standing of individuals, their levels of education, their status and race plays a significant part in the quality of justice they receive.
Rich folks can easily secure top legal teams competent and experienced in manoeuvring the tricky minefield of the justice system. They readily make bail, thereby avoiding spending time in jail, before and during the trial.
Finances also help avoid prison terms where payment of a large fine is an option.
Education and status assist the accused in understanding his/her rights and options. Further, these enhance the credibility of the individual.
Race alone counted more in circumstances of police arrest and ill-treatment. But race, combined with illiteracy or poor educational background and poverty meant the suspect was more likely to be at the short end of the stick as far as justice is concerned: From being typecast, to the inability of raising bail, and finally getting poor legal representation resulting in possible conviction.
Indeed, Oscar Pistorius is living proof that deep pockets and status can secure you all the necessary perks of justice.
His arrest was not coupled with the normal manhandling of murder suspects. Whilst awaiting a bail hearing he spent time in a single cell and was allowed to have extra blankets and other items that made his stay relatively comfortable.
Bail of R1-million was quickly acquired.
Barry Roux led Pistorius’s legal team and was able to go head to head with Gerrie Nel (the prosecutor) to the advantage of the accused. From a heavy charge sheet, only culpable homicide and the negligent handling of a firearm in a public restaurant were able to stick. Roux was even able to extend Pistorius’ bail regardless of the two convictions.
Pistorius is not the only one able to find favour in the lap of justice. The Waterkloof Four (white upper middle class teenage boys from Pretoria) found guilty of killing a homeless black person, spent their incarceration in prison cells with their television sets, music systems, and access to alcoholic beverages. They were even granted early parole. Schabir Shaik (a wealthy businessman known as President Jacob Zuma’s ally) was sentenced to numerous years in a maximum security prison for corruption, only to spend most of his time in a private hospital. He was later granted parole on the pretext of chronic illness. On his release, people were amazed to see him playing golf and showing signs of miraculous recovery.
Without money and power one is doomed to face the full might of the law. The old adage is still relevant: it’s the same the whole world over, it’s the poor who get the blame, it’s the rich who get the pleasure, ain’t it all a blooming shame.
Lord Gordon Hewart warned: “It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”
Kanyo Gqulu is from Mthatha. He was an adviser and spokesman for former deputy-president Dr Phumzile Mlambo-Ngcuka
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