The Constitution guarantees us that all are equal before the law. Be that as it may, there remains an enduring perception among some people that when it comes to legal accountability before our courts, the elite enjoy undue privileges that shield them from procedural inconveniences to which ordinary folk are subjected.
More often than not, this perception is unfounded. Yet, it remains strong and at times undermines public confidence in the rule of law.
It is for this reason that in its administration of justice, those in charge of our criminal justice system ought to be mindful to guard against practices that unnecessarily fuel perceptions of bias.
The court appearance this week of murderer Thabo Bester and his co-accused in connection to his jailbreak Dr Nandipha Magudumana, his girlfriend, should be one such moment of reflection for authorities.
Bester and Magudumana appeared virtually at the Bloemfontein magistrate's court from their respective prisons.
The two, together with other co-accused face charges of fraud and in relation to the grand escape of Bester from the now-infamous Mangaung prison last year.
For obvious reasons, their case has captured the nation.
Bester's escape exposed the underbelly of prison corruption in SA.
We are told that the department of correctional services applied to the court to allow them to appear virtually due to concerns over security risks and the anticipation that their case would be postponed.
We have no knowledge of the depth of the security risk. However, their recent history suggests that any security concerns around the couple’s movements are justified. They have proven themselves able to master the make-believe world of crookery.
On a daily basis prison authorities make the necessary arrangements to transport accused persons with similar risk profiles to appear before courts across the land. Opting not to do so in this matter, while permissible, has raised questions about the consistency in the treatment of all accused people.
Magudumana’s on-screen appearance in particular, against a bookshelf backdrop, justifiably raised some public discomfort, especially among those who believe she and her murderous boyfriend have already made a mockery of our legal institutions.
In a sensitive matter such as this, practical considerations indeed matter, but so do the optics.
SOWETAN | Bester and Nandi not more equal
Image: Thapelo Morebudi
The Constitution guarantees us that all are equal before the law. Be that as it may, there remains an enduring perception among some people that when it comes to legal accountability before our courts, the elite enjoy undue privileges that shield them from procedural inconveniences to which ordinary folk are subjected.
More often than not, this perception is unfounded. Yet, it remains strong and at times undermines public confidence in the rule of law.
It is for this reason that in its administration of justice, those in charge of our criminal justice system ought to be mindful to guard against practices that unnecessarily fuel perceptions of bias.
The court appearance this week of murderer Thabo Bester and his co-accused in connection to his jailbreak Dr Nandipha Magudumana, his girlfriend, should be one such moment of reflection for authorities.
Bester and Magudumana appeared virtually at the Bloemfontein magistrate's court from their respective prisons.
The two, together with other co-accused face charges of fraud and in relation to the grand escape of Bester from the now-infamous Mangaung prison last year.
For obvious reasons, their case has captured the nation.
Bester's escape exposed the underbelly of prison corruption in SA.
We are told that the department of correctional services applied to the court to allow them to appear virtually due to concerns over security risks and the anticipation that their case would be postponed.
We have no knowledge of the depth of the security risk. However, their recent history suggests that any security concerns around the couple’s movements are justified. They have proven themselves able to master the make-believe world of crookery.
On a daily basis prison authorities make the necessary arrangements to transport accused persons with similar risk profiles to appear before courts across the land. Opting not to do so in this matter, while permissible, has raised questions about the consistency in the treatment of all accused people.
Magudumana’s on-screen appearance in particular, against a bookshelf backdrop, justifiably raised some public discomfort, especially among those who believe she and her murderous boyfriend have already made a mockery of our legal institutions.
In a sensitive matter such as this, practical considerations indeed matter, but so do the optics.
IN PICS | Dr Nandipha, Thabo Bester and co-accused appear in court
WATCH LIVE | Thabo Bester to make virtual court appearance
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