There were more questions than answers about the legal system following the apparent suicide of Madlanga Commission of Inquiry witness Wiandre Pretorius on Saturday.
National police commissioner Brigadier Athlenda Mathe has confirmed Pretorius’ fiancée, Juan Mare Eksteen, received a letter of suspension this week after his death.
What commissions of inquiry can and cannot do
Professor Anthony Minnaar of the department of criminology and criminal justice at the University of Limpopo said all commissions of inquiry only report on their findings, even with allegations of wrongdoing.
“All witnesses get a chance to have their say and to return for rebuttal of allegations. The commission has no judicial reach outside of its hearings, cannot charge anyone with a crime and can only make recommendations to the president for further criminal investigation and possible prosecution,” he said.
Law versus justice
Criminal law expert Cornelia van Graan said she doubts justice will be served because South Africa has a legal system, not a justice system.
“It’s all about checks and balances and procedure. Justice and legal systems are linked but it’s not the same. Justice systems are about the bigger picture and society’s well-being,” she said.
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“Legal systems are a bunch of rules and regulations that must be followed to reach a decision. Justice has a moral character.”
Van Graan said there will never be a clarification or a fair decision made because the political and financial power sways the sceptre.
“Think to yourself, a young, inexperienced state prosecutor has to go toe to toe with a defence counsel with many more years of experience here? We all know how that turns out.”
The culture of crime
Political analyst Piet Croucamp said one would think that with public attention centred on the whole phenomenon of crime and corruption in the police and the underworld, there would have to be consequences and follow through by the authorities.
“I’m not convinced it’s possible to clear up the system and sanitise it completely, because the culture of crime is too deeply embedded in the relationship between the liberation movement and authoritarian structures in the state,” said Croucamp.
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