Judge releases prosecutor from jail

The matter came before Makhwade as an urgent application, a day after the prosecutor had spent the night in jail. The judge said he was not aware of any provision of the law and none had been pointed out to him to ascertain that a court can act in that manner.  "Section 123 (2) of the Penal Code allows a court to take certain action under specific circumstances but that is not what was done in this case," said Justice Makhwade.  

Kaisara, who is based at Masunga Police Station, was thrown behind bars by Magistrate Goodwill Makofi of Masunga Magistrate Court for alleged contempt of court. Makhwade said that the following day an urgent application was filed at the High Court and the prosecutor was released on his own recognizance. "The magistrate was unhappy with the way the prosecution handled its case. During the course of the trial the magistrate alleged that the prosecutor uttered the word 'nxa' to him (the magistrate)," said Makhwade.