PROTECT JUDGES’ DIGNITY

Sir, 

Let me state from the outset that I am an ardent reader of The Nation magazine. I also have keen interest in issues of the law and the Judiciary in general. It is, therefore, on the basis of these two facts that I decided to express my concerns.

I read an article in the November issue of the magazine which was titled ‘You’ve Got It All Wrong, Judge Hlophe’. It was written by the magazine’s Editor Bheki Makhubu and he was expressing his disagreement with Justice Hlophe’s dissenting judgment in the recent constitutional case which was heard by a full bench of the high court.

I have no problem with the article itself, because Makhubu was expressing his opinion, thereby exercising his constitutional right to freedom of expression. However, I have a problem with the way the title is expressed. It is strong worded, in my view, to address a justice of the high court who was expressing his legal opinion on a matter before him as a member of the full bench. One would be forgiven for thinking that the magazine constituted itself as the court and was thus dismissing Hlophe’s submissions. It is normal when more than one judge preside over a matter to disagree on the issue in casu.

Therefore, I see no reason for using strong words to address them if we disagree with them. Justice Qinisile Mabuza cautioned the media in 2014 when presiding over a case involving The Times of Swaziland. It was at the peak of Thulani Maseko and Bheki Makhubu’s case. To cite her verbatim, Mabuza said: “When a judge upholds the rule of law, she (he) should not be vilified by the media…” She was speaking in reference to a headline which screamed: ‘JUDGE MUMCY MADE SEVEN MISTAKES’. It is on these premises that I request the media to protect the dignity of judges. This is because the media is a powerful estate which can enhance or destroy the public’s confidence in judges. Enhancing the public’s confidence (where necessary) is of paramount importance.

Magnificent Ntfulini

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