A judge sitting in the Western Cape High Court has expressed her concern about the safety measures in place at the Mitchells Plain Magistrate’s Court after the father of a murder accused approached the magistrate who presided over the matter in the parking lot for a “chat”.
The magistrate recused herself from the murder trial the next day.
Although she and the father did not speak about the case, the magistrate felt uncomfortable about proceeding with the trial.
The magistrate told the court she was on her way to her car in the parking lot in the afternoon, after the trial was adjourned to the next day, when the man came up to her, greeted her “warmly and exchanged pleasantries” with her.
He told her that he used to work in the court as a senior police officer.
“He had a little conversation with me trying to tell me how he has since advanced in his career ... For fear of appearing rude, I restrained myself from asking who exactly he was ...
(He) appeared familiar to me, but I had no idea who he was. He told me he was Mr Tamakies. And he told me that accused number two in the matter that I am now presiding over is his son.”
The magistrate said she immediately cut short the conversation. She felt that under the circumstances it would not be right for her to continue to preside over the matter.
She raised concerns about what the family of the deceased would think if they found out that she had spoken to the man.
The magistrate’s recusal left the case in limbo and the State turned to the Western Cape High Court to seek clarity on whether the trial should start afresh, before another magistrate.
In dealing with the application, Judge Constance Nziweni remarked that what had happened suggested a serious breach of security.
“An unauthorised member of the public was able to easily access a magistrate. This situation which the magistrate was confronted with should never have happened in the first place.
Clearly, presiding officers should never be placed in a position that would compromise their safety and security,” she said.
The judge said it was undeniable that the breach of security placed the magistrate in a precarious position.
“One can only imagine the risks that are associated with such breaches.
One of which is what happened in this case, which is an unnecessary delay in the administration of justice.”
Judge Nziweni said the Mitchells Plain court’s management should take corrective measures to address this security breach.
Before this matter was referred to the high court for review, the State had led the testimony of only one witness in the trial.
The judge said although what the man in question did was highly inappropriate, the conversation did not taint the impartiality of the magistrate. The magistrate’s vigilance and the openness with which she handled the situation was commendable.
The judge ordered that the magistrate had to continue with the case.
Cape Times