National Articles

Are The Legal System Busy To Crumble?

With recent court cases and other developments it seems that our legal system and rule of law are under serious attack and are busy to crumble and the public, Government and Courts urgently need to take a strong stand against this.
What make it even worse is that the attacks on the courts and rule of law comes from within the legal profession itself by some of them that acting in bad faith and regard themselves as above the courts, law and everything else.
Public Protector
The office of the public protector play a very important role in our legal system as it's almost the only body that exist exclusively to protect public interest and to act on and in behalf of the public.
Yet, as seen in recent court cases the public protector seems to do precise the opposite and regard herself so above the law that she even argued in court that the normal rule of law don't apply to her, she is above the law and courts and that she can commit pre-jury before a Court without any consequences at all.

It's now nine times in a row that the court find the OB in the wrong but she still don't get it and want to appeal the latest case too, so as if she believe she is the master and the courts and legal system are just there to serve her demands and commands.
Johannesburg Society of Advocates
This is now another really interesting case that resolve around re-admission of an Advocate Seth Nthai, where one Judge even described some of their actions as disingenuous while their whole involvement and reasons in the case seems to be dishonest and insincere from the start.
In easy terms the JSA acted like a school governing body in Johannesburg that engaged in a court battle with a pupil from a school in Limpopo (whose school governing body by the way stand by him) in order to proof that their powers as school governing body super-cedes that of the High Courts without even taking into account that they themselves actually not only dismiss and undermine the powers of that other school governing body by meddling in their affairs, but also dismiss and undermine the powers of the High Courts and rule of law.
In both the court cases the Judges ruled that the JSA have no legal standing or grounds and acted out of their jurisdiction, but yet, just like the Public Protector, they regard themselves as above the courts and according a news article they now want to blatantly ignore both Courts ruling and want to go to the Court of Appeal as if they can give the High Courts the middle finger and regard the rule of law applicable on everybody else expect themselves.
For heavens sake, the Courts even had to point out that the JSA ignored and didn't abided by their very OWN constitution so they are either complete ignorant or just try to gain some cheap publicity and relevance. The Limpopo Society of Advocates have extactly the same status and rights as the Johannesburg Society of Advocates so it's unbelievable that the JSA acting as if the whole legal system starts and ends with them.
State Attorney's office
In another even more important case the High Court directly ordered the State Attorney's office to file an answering affadavit within 30 days but even now, two years later, the state attorneys still stand before the Court and Judge without such answering affadavit.
Even worse is that this specific case have the potential to push our country over the economic suicide cliff so the incompetence and blatant ignoring of a High Court order and their own responsibility are just astounding up to such point that it's almost impossible to contemplate and one can with right wonder whether some individuals at Home Affairs or somewhere was perhaps offered a bribe or being extorted to do nothing about this case.
In short the Lawyers for Human Rights started a court case to demand citizenship for some immigrants and also to declare a few things in the Citizenship Act as unconstitutional and the Judge almost had no other choice than to grant the order and declare some parts of the act unconstitutional due to the incompetency or just total lack of opposing arguments from the state advocates BUT as the Judge already mentioned that would open a floodgate of immigrants that apply for SA citizenship with accompanying SASSA grants and more that the country can't effort so the Judge left a door open for the State Attorney's office to fix that, and after 2 years still waiting for the answering affadavit or anything tangible and to obey a direct court order.
Rule of Law
The legal profession are more than anybody else bound by the rule of law and supreme power of the courts because their very own existence are based and founded on that so it's obvious that each and every legal professional should and must abide by the rule of law and orders of the Courts.
Regarding themselves as above the law that they represents is disgusting to say the least and it's highly time and of critical importance that the Courts held them even more accountable for their actions or lack thereof to preserve the integrity and good standing of the entire legal system.



Frank Coetzee

Frank Coetzee


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