Dear Editor
The Minister of Justice and Constitutional Development continues to defend a shocking display of state overreach and misuse of public funds as revealed by a DA parliamentary question. The Department spent over R100k of public money on a personal protection order for a magistrate, when the Magistrate herself could have attended to this administrative task. The DA will be writing to the Minister, demanding that the Magistrate pay back this wasted money.
Last year, Magistrate Ezra Morrison sought a protection order against journalists who reported on the magistrate’s failure to refer a child, now accused of the murder of Deveney Nel, to the Children’s Court when he was a minor. He was accused of raping an 11 year old girl when he was 13 and was found by psychiatrists to be a danger to society and at high risk of reoffending. Despite this warning, nothing was done.
In reply to a question posed by the DA, the Minister of Justice has continued to evade the real question as to why a legally trained person is assisted to the tune of R100 143.68 to obtain a protection order against journalists. The Minister attempted to justify this gross abuse of funds by claiming that the matter was “intrinsically linked” to the magistrate’s professional duties. What is worse is that costs are for consultations, drafting, formal appearances and settlement. Not only are these prices seriously inflated, but these are all things the magistrate could have done herself for a personal matter.
Seeking a protection order is something thousands of vulnerable South Africans are forced to navigate alone every day in terms of the Protection from Harassment Act and the Domestic Violence Act. The two Acts are intended to prevent domestic abuse and harassment, provide safety and security to complainants and their dependents and is specifically designed to be accessible and victim-centred.
Magistrate Morrison’s application to obtain such an order against journalists is a private matter and not a state function – whichever way you look at it.
The DA finds it deeply disturbing that R100 143.68 was spent on an advocate’s fees when the Magistrate could have simply attended at the Clerk of the Court and completed the requisite forms. Yet, the Minister failed to address this question in her response and only provided vague answers with no proof that this warranted a protection order or an explanation as to why the matter was not referred to the Press Ombud.
While the most vulnerable in our society – women, children and the poor – sit in long queues waiting for overwhelmed clerks and backlogged courts, the Minister affords preferential treatment for the legal elite.
The DA will be pursuing further accountability through parliamentary channels, including demanding that the Magistrate pay the money back to the state.
Regards
Nicholas Gotsell MP
DA NCOP Member on Security & Justice