There have been mixed reactions to whether EFF leader Julius Malema should apologise to magistrate Twanet Olivier for labelling her an “incompetent white magistrate” after he lost a bid to have his case struck off the roll in East London last week.
Malema appeared before Olivier with bodyguard Adriaan Snyman on charges of discharging a firearm during the EFF’s fifth birthday celebration at Mdantsane’s Sisa Dukashe Stadium in 2018. He lost the legal challenge to have the criminal case dropped as Olivier believed the two had a case to answer.
His criticism of Olivier, calling her “incompetent” and suggesting her judgment was not her own, has been in the spotlight.
Without providing any proof, Malema said Olivier’s ruling was a “sponsored” judgment and alleged it was politically influenced.
“A magistrate who adjourns the court during judgments to go and receive [public enterprises minister] Pravin Gordhan’s call, [President Cyril] Ramaphosa’s call and receive [national director of public prosecutions Shamila] Batohi’s call, when she comes back to give her judgment she is shaking like hell because it is not her judgment, it is a sponsored judgment,” Malema said.
The justice ministry and the organisation Judges Matter condemned the red berets leader, saying his claims were without substantiation and irresponsible.
“Left unchallenged, Mr Malema’s comments will send a chilling message to other judicial officers that they should not dare issue judgments against powerful figures who command a large audience. We call on Mr Malema to immediately retract and apologise for his unfortunate comments,” said Judges Matter researcher Mbekezeli Benjamin.
Malema, a member of the judicial services commission (JSC), refused to apologise, saying magistrates and judges should not be exempted from public scrutiny.
“There is nothing wrong I said about her and I will not apologise. I will never stop talking about judges because we must never make judges God. They too are individuals. That is why their judgments are appealed and can be reversed — because they are human beings and can make mistakes,” he said.
While some people on social media concurred with Malema's remarks, others believed his criticism was nothing but a political stunt after losing the case.
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