No place for public opinion in SA courts, says Judge Masipa

05 July 2015 - 02:00 By MONICA LAGANPARSAD

Judge Thokozile Masipa knows the pressure of being cast into the limelight. She faced harsh criticism over her Oscar Pistorius ruling, but said she believed public opinion had no place in influencing court judgments. In London on Thursday night, the judge delivered an hour-long lecture on the independence of the judiciary in South Africa. She said nothing should stand in the way of judicial independence."No matter how loud public opinion is about a matter, the judicial officer should be guided only by the constitution and the law," Masipa said."The identity of a litigant, his social and political standing, his financial muscle or lack of it will play no part at all in the decision that he takes."story_article_left1She said judges also faced pressure from the government, lobby groups, the media, powerful companies and other judges. This was why judges needed to distance themselves socially and cut ties with anyone or anything that might appear to influence their independence.''New judges often bemoan the fact that life on the bench is lonely. However, I think quite a number of judges would not have it any other way. Generally, they avoid any friendship or association that may lead to controversy," she said.Masipa warned that many judges faced undue pressure from within their own ranks."More senior and experienced judges may, by the manner in which they communicate their views about a dispute, unwittingly threaten the independence of a newly appointed junior judge who still feels unsure of himself," she said.There has been renewed criticism of Masipa's Pistorius judgment following the announcement that the athlete will be released on parole next month. Masipa sentenced Pistorius to five years for culpable homicide - a ruling that has been challenged by the National Prosecuting Authority.He will have served just 10 months of his sentence.Masipa was interviewed in April by the Judicial Service Commission for the vacant position of judge president for the soon-to-be-launched Limpopo Division of the High Court.story_article_right2During the interview, she blamed ignorance and a lack of understanding of court processes for the public criticism of her ruling in the Pistorius case.In her lecture this week, she said threats to the independence of the judiciary and judges must be guarded against."Judges who want to fulfil their responsibilities properly will be slow to fraternise with politicians, government officials, powerful individuals in society or anyone whose friendship might create the wrong impression," she said.According to BDLive, when answering questions after the lecture, Masipa criticised government for ignoring court rulings.She cited the recent decision by the South African government to allow Sudanese President Omar al-Bashir to leave the country despite a high court ordering him not to leave. "The state should be leading by example ... If it does not, you really fear for the future ... then you are really heading for trouble. Then ordinary people will start disobeying the law," Masipa said...

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