Magistrate’s ‘prejudicial’ remark leads to collapse of Phoenix riots trial
A judicial advocacy group has commented on the impact of bias in court matters after a Durban judicial officer was accused of prejudice in a murder case she was presiding over.
Senior magistrate Betty Rawheath has recused herself from a 2021 July unrest matter after a senior state prosecutor raised concern over remarks she allegedly made, seen to be of a racial nature.
Advocate Bonginkosi Mbokazi raised the issue during the trial of Inderan Malcom Govender in the Verulam Regional Court.
Govender is accused of murdering Mondli Majola and attempting to kill Nkululeko Mangwa during the riots in Phoenix.
The Sunday Tribune reported that during the pre-trial stage of the case, Rawheath allegedly uttered the remark, "What were Indian people supposed to do under the circumstances because this was a situation of panic?"
Advocate Mbokazi requested that the trial be restarted from scratch, arguing that Rawheath's statements have prejudged the case.
Alison Tilley from Judges Matter emphasises the importance of the public having confidence in the judiciary's impartiality.
“We already have a situation where I think people are losing faith in the justice system, that it's not succeeding and bringing the right people to trial, convicting them and then locking them up, whether it's violent crime, corruption, many issues.
“So, I think it doesn't help and we really need to try and buttress the judiciary, both magistrates and the high courts, so that people do have confidence in them.”
Rawheath's recusal comes as the 70-year-old's judicial term is set to conclude this month.
The NPA in KZN says no new trial date has been set for the matter.
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