Let’s stop romanticising law and understand why Kelly Khumalo got a lawyer

If you have nothing to fear, you may still want to appoint a lawyer.

This was the sentiment expressed by prosecution ace and legal bae, Gerrie Nel, on Kelly Khumalo’s appointment of counsel to a matter she’s not cited in.

After watching the Netflix doccie series on the death of Senzo Meyiwa, I can’t blame Kelly for feeling somewhat implicated by the public.

While it might not be controversial to appoint a legal rep when you’re a defendant in a case, appointing one where your only implication is in the social ether is somewhat unheard of.

ALSO READ: Police know who ‘mastermind behind Meyiwa murder’ is, says Gerrie Nel

No wonder it makes it seem like she’s got something to worry about. You don’t get a lawyer unless you’re worried about the consequences of not having one.

What she’s worried about is where many may differ.

It’s easy for the public to imagine that lawyering up means guilty. After all, it seems to make sense. The public, however, has never been in the spotlight dealing with press, scandal and badgering from all corners.

Playing the game of law can be a ruthless game. When it comes to criminal matters, all you need to do to defend a client is create reasonable doubt and what better way to do that than to attempt to push blame on to a third party?

If Kelly has something to do with the killing, it’s just a small skip and a hop to creating the reasonable doubt necessary to get the accused off.

At least it will be a start to possibly getting their sentences reduced if they can point to a mastermind.

So yes, even if you’re not implicated legally, but the social zeitgeist is whispering your name, the idea of lawyering up is not the worst idea.

READ MORE: Kelly, other witnesses hiding things about Senzo’s murder – former investigating officer

It certainly does not equate to being guilty or having your guilt assumed. As the public, we shouldn’t feed into that rhetoric.

Equally, it doesn’t make Kelly any less suspect. It’s not like she’s been the most endearing on the matter. But, if a bunch of dudes rock up at my house with weapons and do a bit of killing, I don’t know how I’d react in the fallout.

What I do know is that I’ve seen a lot of high profile court cases on TV and in news reports.

I’ve seen people getting slaughtered in cross examination and being asked ridiculously personal questions with counsel retorting things like “that is not a very smart answer”.

What I know is that if, for whatever reason, the law comes after me I want to be prepared, guilty or not. I know that I would want to have every bullet in my chamber and I certainly want to be armed in preparation.

People who get self-defence gun licences don’t go out looking for a reason to defend themselves (well, they shouldn’t).

Similarly, those who have spent near a decade being accused of the worst of crimes by the public should probably be aware of their risks and prepare accordingly.

The romanticising of how the law seemingly works is a lot easier to stomach than actually engaging in it.

ALSO READ: We were hoping to see the mastermind in court, says Senzo Meyiwa’s brother

It’s why when we’re certain somebody is guilty, it’s difficult to comprehend how they can get out on R500 bail.

It’s why when there’s somebody we used to like being accused of a heinous crime, we’re more likely to start doing a bunch of pseudo YouTube analysis.

As the public in a very complicated legal framework, it’s often not easy to put yourself in the shoes of another when they face the very real risks that the practical elements of the law fire at them.

So, is it suspect that Kelly Khumalo got a lawyer in a case she’s not cited in to prepare for something we all know may be coming?

Meh. Would I have done it if I were in her shoes and convinced of my own innocence? Hell yeah!