My impression of the court proceedings today. The DPP Mr Nkosinathi Maseko took his time in making his submissions. Unfortunately they became a unbearable drone wherein he spent a lot of time pretty much repeating himself. He took us through a lot of case law in support of the various issues that he was trying to argue. The cases that he seemed to be citing though were mostly from apartheid South Africa and I am sure that they have since been replaced by newer case law. The only interruption was the constant affirmative Yes DPP by Justice Mpendulo. At no point in time did Mpendulo grow impatient with the DPP or remind him that he had canvassed a particular point sufficiently. At some poin, Mpendulo looked like he was having a lot of difficulty keeping awake. The points around which Maseko was arguing was the fact that by writing about the Bhantshana Gwebu arrest which was a matter that was before court, they were in contempt of court. He also spent some time arguing on the balance between what is fair comment and contempt when the dignity of the court or court official who is the subject of the comment is impugned . His continuous reference to the import of the cover of one of the Nation editions which spoke of the absence of rule of law always attracted a mild retort from the gallery who were mumbling an affirmation to the claims of absence of rule of law by the cover. The DPP is going to continue tomorrow. PUDEMO has continued to show enormous support to the arrested duo with a couple of van loads of activists coming through. They would confirm their presence with a few struggle songs at the gate of the Magistrate a Court during the incessant breaks that DPP Maseko kept requesting for. There were a few NNLC members present. The Makhubu family continued their massive show of support. University of Swazilands Dr Peter Qambukusa Magagula also came through as well as representatives of the South African Lawyers for Human Rights.
Posted on: Tue, 01 Jul 2014 18:03:03 +0000
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