Cape Law Society concerned about attack on magistrate

The Cape Law Society has called on leaders of political organisations to be careful not to abuse their role in society by attacking the judiciary.

The society made this comment following a statement attributed to ANC Nelson Mandela Bay secretary Themba Xalutha about magistrate Morne Cannon‚ who convicted former ANC regional chairman Andile Lungisa.

Lungisa was found guilty on April 17 of assault with intent to do grievous bodily harm after he hit DA councillor Rano Kayser with a glass water jug during a heated council meeting in October 2016.

He will be sentenced on May 9.

Xalutha released a statement in which he said the judgment was a politically driven ploy to destroy Lungisa and said ANC members were “mobilising” against it.

“We would like for the court to consider changing the judge as he has proven to not be sensitive to the political implications of the case and the tensions in the political space it might cause if not handled with care and the fairness it deserves‚” Xalutha said.

The law society said the comments attributed to Xalutha were inconsistent with Section 165 of the Constitution‚ which said courts are independent and subject only to the Constitution and the law.

“That section also makes the point that no person or organ of state may interfere with the function‚” said Lulama Lobi‚ the president of the law society.

Lobi said courts were not infallible‚ hence there were provisions for appeals and reviews where grounds existed to challenge the decisions of the courts.

“These steps‚ however‚ are conducted with the required decorum to ensure that the dignity of the courts and the judicial system is upheld. Any dissatisfied parties should go through this process and be discouraged from making irrational comments in public.”

The law society called on those who believed they had a valid complaint against the magistrate to report such complaints to the Magistrate’s Commission.

“The CLS calls on leaders of political parties to appreciate that some sections of society will accept that which is said by its leaders as true and so must be careful not to abuse their role in society by attacking the judiciary in our country.”

The law society said it would engage the leadership of the ANC regarding its concerns.