Whole forests can be cut down to produce volumes to justify their non-decision in the face of the growing pandemic of gender-based violence and abuse – and they may be entirely justified formally in the play it safe culture within the justice system – but there can be no doubt that justice has not been served in this matter.
But whatever happened to legal discretion and the courage of conviction (pun intended) which our justice system is supposed to have to set a clear precedent in matters such as this? Does it really have to be a choice between a narrow legal interpretation and undermining of confidence in the entire legal system?
Could other legal minds, such as they may be, in the SA legal system not have reached a different conclusion? One wonders whether, as with extensive government corruption destroying our economy and government, prosecutors accustomed to making unchallenged and anonymous decisions or non-decisions are frightened, incompetent or simply clueless about the social context of justice?
Name these prosecutors or prosecutor and let them account to the public on this decision on Dyakala.
Why should Dyakala not have his day in court – will this not send a message that especially gender abuse online and personally will not be tolerated. Every Monday the courts of Vanderbijlpark and Vereeniging are filled with the homeless and vulnerable of our society often arrested just to make up police statistics but who are then released due to lack of evidence. However, when the politically well-connected and overly powerful Dyakala – given that he is a veritable paragon of Governmental incompetence – is accused, the police and prosecution authority take their time and handle with kid gloves. Let the veil of anonymity and secrecy behind which prosecutors hide be ripped away and let them take responsibility in their personal capacity for their decisions. -guest writer Craig Kotze
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