Believe it or not but court ethics in South Africa are just as important as in any other country.
A fair and independent court system is essential to the administration of justice in a democratic society.
If you have never been in a courtroom, part of a case or might be appearing in court soon, you need to take a look at these important criminal justice system basics.
The following are some guidelines from the National Prosecuting Authority.
Appearance and behaviour:
– Arrive at court on time (written on the subpoena) and be sure to be in the right courtroom.
– Dress neatly and behave well.
– Leave young children at home to avoid court disruptions if possible.
– Do not wear sunglasses or hat in court.
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– Do not chew gum.
– Turn off your cellphone.
– Do not take food or drinks into the courtroom.
– No weapons of any kind are allowed in court.
– No drunk or disorderly behaviour will be tolerated.
– The magistrate’s court starts at 09:00 and the high court at 10:00. People are required to remain in the courtroom while the court is in session.
When you are on the witness stand:
– When taking an oath, look at the presiding officer and say in a clear voice, “So help me God” or “I will tell the truth, the whole truth and nothing but the truth”, this is called affirmation.
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– You will be expected to stand during your testimony but you may ask to sit down.
– Listen carefully when asked a question. Ask the question to be explained if you do not understand. Look at the person asking the question when answering and answer only what you are asked.
– Do not use head gestures to answer a question. Use words to answer questions and speak clearly.
– If the prosecutor and lawyer objects, wait for them to finish talking and continue talking when told to do so.
– If a question you are asked is improper, the prosecutor will state an objection. If he or she does not, you have to answer the question or the court will stop the lawyer.
– Do not argue or get angry.
– If you make a mistake in your testimony, admit it and apologise for it.
– Know the facts of your testimony but do not memorise information. You will get confused.
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– You are allowed to say that you do not remember certain facts if you have indeed forgotten them.
– If a question is repeated, give the same answer as before.
– Most important of all, you have taken an oath or made an affirmation in court. If you are caught lying, you can be prosecuted. It also makes your entire testimony appear suspicious and may not be admissible in court.
Source: The National Prosecuting Authority
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