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- Justice, policing mustnever be about clout - April 29, 2026
There has emerged a new trend in South Africa, a worrying one it must be stated, wherein those trusted with handling various affairs on behalf of the state often focus on appearing to be working instead of doing the actual work.
This disturbing trend has been most visible in the criminal justice system where it manifest itself through Hollywood type of arrests particularly when prominent people are the targets, that never result in prosecutions.
Many in law enforcement and the judiciary are preoccupied with being seen to be working than actually doing so. It is because of this phenomenon that we have seen people piraded at the Zondo Commission of Inquiry where nothing more than the destruction of their careers was achieved.
In fact, the very notion of state capture which became synonymous with that commission has served only to shield the 6th and 6th administration from accountability with everything that’s wrong with the country attributed to the so-called 9 wasted years. Former Eskom Group Chief Executive Matshela Koko is among many examples of highly talented and resourceful black people who’s livelihoods have been destroyed by media driven prosecutions with the National Prosecuting Authority for the destruction it has caused.
The media has encouraged this otherwise awful conduct by presenting certain individuals as effective simply based on well orchestrated public appearances. As part of this approach, the mainstream media has neglected its duty to hold accountable those it favours even going to the extent of helping them justify their failures by scapegoating others.
Because of this media briefing we now police spokespersons suddenly referring to arrested suspects by their nationalities which on its own is highly inflammatory considering there is a section of society that believes Afrithe country’s crime problem. In the absence of a sound explanation, it can only be inferred that the police are profiling African migrants in this manner because of a perception ( its immaterial if this is true or not ) that the country is outraged by an influx of African migrants and therefore the SAPS wants to sound politically correct. However there is nothing in the law of the land, specifically the Criminal Procedure Act, that provides for such profiling.
We also saw the negative consequences of such media driven prosecution when after bungling the Timothy Omotoso rape prosecution and desperate to redeem themselves, had him re-arrested in a huff only to fail to present him before a court within the legally provided 48 hours, leaving the magistrate with no option to but to release the Nigerian pervert who subsequently fled the country.
The latest such problematic media driven prosecution is the reckless decision by the Investigative Directorate Against Corruption ( IDAC) to charge National Police Commissioner General Fannie Masemola in the process forcing President Cyril Ramaphosa to suspend him. The case against Masemola is unprecedented and if we follow the logic of IDAC, many who served in public office in whatever capacity and had their actions flagged by audit findings should be jailed for their omissions even when they were not of a criminal nature.
The police, the prosecution and indeed the justices themselves should be driven in their actions, by the law and the law only and not political party factionalism, political correctnessss or media hype.
Advocate Andy Mothibi as the new Head of the NPA has a duty to correct lest his name goes in the same history books as the incompetent as well as racists figures such as Gerrie Nel and Shamila Batohi.
