magistrate refuses to agree on settlement with prosecution and defence lawyers
03 June 2008
 
The only way South Africa is going to solve its totally out of control crime problem is to elect a fellow by the name of Phanuel Mudau as president of this country.
Ok, so who on earth is Phanuel Mudau for heaven's sake? And what makes him so special as to come from complete obscurity and leap straight into the presidency?

Well, he's a magistrate in Randburg and a few days ago he refused point blank to continue hearing a case because he said the prosecution and defence lawyers had worked out a deal that would keep the accused out of jail. Mudau said he wasn't prepared to rubber stamp the deal, as the law apparently insisted he did, because the accused deserved a lot more harsh a punishment than a suspended sentence and a bit of community service.

So, just what did the accused do that got Mudau all steamed up? Well, 17-year-old Kershan Naidoo, with no driver's licence, was found guilty of driving his mother's car in April 2006 while being four times of the legal blood alcohol limit. He drove through five sets of red traffic lights and then crashed into the back of a car driven by singer Ashanti's cousin Quionshae Snead, flinging her out of the car where she died after being run over by another vehicle.  And quite unbelievably, the two sets of lawyers figured that the best punishment for this was a couple of years of community service and a suspended sentence.

Lock him up!

Frankly, I couldn't agree more with magistrate Mudau, personally I would have locked Naidoo up and thrown away the key.  With Mudau having recused himself, the case has now been transferred to another court and I would hope that the new magistrate will have the same sense of frustration as Mudau and also refuse to accept that ludicrous settlement.

It is examples such as this that not only make a complete mockery of our justice system but that have criminals rolling about with laughter and just carry on murdering, raping, pillaging and holding us all to ransom because they realise that there's very little chance they'll get more than a slap ion the wrist and a lecture about being naughty.  Hopefully, our legislators will take notice of Mudau's brave stance. Frankly this case sickens me - justice is certainly not being seen to be done but simply swept aside.

Chris Moerdyk, www.news24.com