On Law, Other Stuff

Justice : an unfathomable and enigmatic concept

I promised I would only have one last comment on Oscar but now I read about the appeal (which was inevitable I know because I really  did think that dolus eventualis was misconstrued and of course the whole world needs to see that our criminal justice is in tip top shape, and yes of course, the law needs be correctly interpreted and he was, after all our hero and has now fallen so far and who doesn’t want to be interested in sad, tragic events of rich and famous people suffering in misery…isn’t that what we thrive on ? Yes- human behavior is strange and I wonder why we can’t look at or read nice happy things, but I am constantly told that these are not newsworthy) and I know I’m rambling and should construct this blog properly but I don’t care because I but I cannot help feeling frustrated and dissatisfied with the whole justice system and those who are in positions of power and the NPA when I consider how many serious, horrible cases there are of persons who repeatedly rape and assault and senselessly murder more than one victim who walk the streets (referring to Carmel Richards’s article in Sunday Times ) because of an incorrect finding or misinterpretation of our law, and particularly in our lower courts and these accused persons are way beyond rehabilitation or reintegration into society because the society they are enmeshed in is so  dysfunctional and they are most likely to become repeat offenders and YET….THESE are the sorts of people that need to be kept off our streets and prevented from repeating the same offence. Not that I’m implying anything to the contrary about Oscar because I’m not.

But  I just know that some cases , many cases go unreported let alone on appeal  or don’t; even get to court because the victims are terrified of laying a charge (because these perpetrators are their own breadwinners and if they go to jail, they will truly have nothing)  and the focus of  everything in life is so skewed because of course if you are poor then it’s so difficult to get heard and to get any legal representation (yes, the legal profession is working on this)  but it’s not fair.

It’s not fair that people with money have better representation or that because the NPA is determined to prosecute this particular case rather than so many other cases that are equally important and it’s not fair that some people have money at all and others don’t and its all just unfair.

And nothing I say here is going to change this and I have probably wasted my time trying to get this feeling off my chest because I really don’t want to be commenting on things like this because it is time-consuming and pointless really because most commentary on any of these forums is pretty meaningless  and if I could use Twitter more efficiently I would have TWEETED because I tried to comment on the link when I saw the M& G article from Legal Brief but my comment seemed to have disappeared into thin air …like most comments do unless you are indeed the Wits law professor who has been commenting in this case on TV  or anyone else for that matter who has taken the headlines in this debacle and there are far more interesting and fun things I could have done in the time it has taken to do this and it hasn’t given me any feeling of satisfaction to get this off my chest so this will probably be the last time I am going to comment on anything here.

At least on this topic. For now.

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