Legal Aid SA has raised concerns after community members attempted to attack a lawyer representing a rape and murder accused in a Limpopo court.
The Lebowakgomo magistrate’s court ended up postponing the matter.
“The recent attempt by a community mob to assault a Legal Aid SA legal practitioner in the Zebediela periodical court highlights this challenge,” said Legal Aid SA’s Limpopo/Mpumalanga provincial executive Mpho Kgabi.
“Members of the community could not understand how he could represent an accused who is facing charges of murder and rape.
“Legal Aid SA condemns bullying, intimidation and threats levelled against its legal practitioners at all levels. We must remember that not all accused persons are the actual perpetrators of the crime for which they have been charged. We know this from actual experience.”
She said the rule of law remained an essential pillar of SA’s democracy and access to justice by everyone is a fundamental human right.
“Without it, one cannot have a fair trial as this would undermine the criminal justice system and further erode respect for the rule of law.”
Kgabi noted that court matters are sometimes postponed and delayed due to vigilantism, ultimately slowing down the wheels of justice.
“We cannot condone and accept vigilante actions. We are grateful to court interpreters who acted swiftly to intervene and shield our legal practitioner in Lebowakgomo.
“The matter was recalled and postponed and will be heard at the Lebowakgomo magistrate’s court where law enforcement will enhance security.”
She said the public must be reminded of the state-owned entity’s constitutional mandate to provide legal representation to those who cannot afford it.
“We must ensure that we separate our distaste for the crime from those involved in the process.
“A well-functioning justice system promotes a culture of human rights as it protects the rights of victims, witnesses and the accused in the criminal justice process. Access to representation ensures that justice can be served.
“Members of the public are strongly advised to desist from assaulting, intimidating, bullying and threatening Legal Aid SA attorneys. Legal practitioners must be allowed to carry out and fulfil their constitutional mandate and should always be allowed to be in court to ensure that justice prevails as per the legal provision that each person accused of an offence is presumed innocent until proven guilty in a court of law.
“Individuals are reminded that both acts and threats of assault, as well as bullying and intimidation can result in you facing criminal charges for such actions,” said Kgabi.
sibanyonim@sowetan.co.za
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