The judgment delivered by Mr Justice Squires and his two assessors last week in the Schabir Shaik trial will no doubt be the subject of discussion for a long time. There are differing responses to the judgment and while some regard it as painstakingly thorough and a correct conclusion based on the evidence before the Court, others will take issue with it for other reasons. This is the essence of living in a constitutional democracy, which has room for vibrant and robust discussion.

However, it must be a cause for concern when the Judge comes under attack purely on account of his race or origins and the judgment is rejected purely on account of this. Our judiciary is undergoing a process of transformation and few will argue that the current demography of our Bench adequately represents who we are as a nation – there is consensus that much work still needs to be done on that front. However, it is simply unacceptable when race is used, in the manner in which it has been in this instance, to cast doubt on the work of the Court.

The right of freedom of expression is constitutionally enshrined – as is the independence of the judiciary – and while the Human Rights Commission endorses the view that free expression is vital in a robust democracy, we think that those who rely on this right also have a duty to engage in such expression with some responsibility. Arguing that a judge is biased purely on account of his race or origins is unacceptable; considered arguments demonstrating how the judge’s race or origins unduly influenced his conclusions is another matter, and would be acceptable – this has not been done in this instance.  In the present case, the criticism that is directed towards Mr Justice Squires is purely on account of his race is unfortunate and certainly mars what has been a transparent and very public criminal trial.  We add our voice to the various calls that the debate in the aftermath of this trail should be conducted soberly and responsibly.

Jody Kollapen

Chairperson: South African Human Rights Commission

For more information contact Jody Kollapen

Tel: 011 484 8300 ext  2290/2291

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