Bring justice to customary courts
Friday, August 22, 2014
Take the story of the young man who got whipped at Urban Customary Court or Mosetlheng as it is popularly known.His only crime was having in his possession some cheap cologne and roll-on. In spite of his protestations that he got the fragrances from his middle-class sister, and the sister explaining that she indeed bought them for him, the customary court meted out its punishment – four strokes on his bare buttocks for theft.
The court concluded that since neither the young man, nor his sister could produce receipt of purchase he must have stolen the items. But should customary courts mete out such irreversible punishment on the basis of some probability? Sadly that is the case.
This ruling is more than a technical legal decision it is a mirror reflecting the rot in the country’s procurement processes and governance.For far too long, government officials have twisted regulations to serve their interests, betraying the very citizens they are sworn to serve.The Judiciary’s rejection of this appeal is a timely reminder that corruption—no matter how deeply entrenched cannot indefinitely escape accountability. Yet,...