In terms of the traditional image of the lady displaying justice, the sword representing authority now seems to act without regard to the scales representing fairness and the blindfold representing impartiality.
The finding by the Labour Appeal Court that calling someone a ‘white racist’ does not constitute racism and in fact is a right of free speech (The Mercury, April 16) appears to have joined the ranks of “kill the farmer, kill the boer” as judgments that are constitutional. That means Malema’s reference to Magistrate Twanet Olivier, who sentenced him to five years imprisonment, as “a racist of note,” is simply free speech. The fact that he blatantly impugns her judgment and shows no respect for the due process of law marks another milestone in the downward slide of law and order
Sadly, despite the premise of the constitution on non-racialism, the race factor or rather the white race factor, is predominant, from the cradle to the grave, in every aspect of life involving selection or representivity. With the constitutional court having upheld his right to chant ‘kill the farmer, kill the boer,’ it is basically a forgone conclusion that Malema’s appeal against his jail sentence will be upheld. The circumstances make that obvious: a white magistrate, a black accused and massive black political pressure ensure that outcome.
Given those circumstances, maybe adjudication of all the evidence and opinions in Malema’s case should be left to AI. But even then, Malema would probably find reason to blame Elon Musk for AI’s interpretation.
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