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The long wait for justice

Although South Africa’s judicial integrity is still intact, the fibre surrounding it is falling apart, making justice a far fetched dream for many South Africans when they have to deal with the law.

A farmer and his son, from Wolmaransstad in the North West, take turns every night to stand guard, fearing for their lives after allegedly being threatened multiple times by policemen who are investigating a case against the farmer. This follows nine years after Johan Nel was taken into custody for burglary into his mother’s house.

He was unlawfully detained for two days, according to family and friends. To add to his woes, Nel was allegedly assaulted in various ways trying to get an admission of guilt from him.

His story was even told on the television programme Special Assignment, exposing a tale of police officers ruling with a fist of fear in rural areas. Since then the case has been in and out of court, every time being postponed. Nel said the last nine years of his life were frightening, as he is always expecting some kind of retaliation.

The safety and policing expert, Dr. Johan Burger, of the Institute of Safety and Security, said this is a general problem in rural areas. “Poorly paid police officers become power drunk when they get drawn into organised crime, causing all sorts of problems for the community,” said Burger. In the meantime, one of the three officers has committed suicide by shooting himself as well as one of the key witnesses in the case.

Ipid is currently investigating the case, but with no success, said Nel. Ipid and the SAPS have not yet responded to questions regarding the investigation. This is just one of the many stories of justice not being served in South Africa due to corruption in the police and other sectors of the legal system.

On another level, South Africans are awaiting justice for politicians who have been linked to state capture and other corrupt activities. But the cases against people like former president Jacob Zuma and Ace Magashule, the secretary-general of the ANC, seem to drag on forever.

Izak du Plessis asked adv. Frans Rautenbach, legal expert and writer, how justice can be served in an environment that seemingly ignores the principle. 

 

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