Scrutiny and robust debate are healthy for our courts - The Mail & Guardian

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Scrutiny and robust debate are healthy for our courts - The Mail & Guardian
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Our judiciary can certainly be criticised. Our legal system is very far from perfect. But every judgment in favour of the government, or from which the ruling party or its dominant faction benefits, is not an indication of captured courts.

. Do they insinuate that the majority judges were as emotional, irrational and devoid of judicial integrity as Zuma’s supporters allege they were?

The minority, however, agreed that Zuma was indeed in contempt of court and that direct access ought to have been granted on an urgent basis. They conclude that the matter should be referred to the prosecuting authority “for a decision on whether to prosecute Mr Zuma for contempt of court”. Furthermore, why did Zuma or his legal representative not simply appear before the court to ask for a postponement in order to prepare properly? Experience has not shown the Zuma team to shy away from requesting postponements.

A court can rescind its own judgment and set aside an order that was erroneously sought or granted; or in the case of a “patent error”. Orders are rescinded, for example, when they were issued in the absence of a litigant who got lost and ended up in the wrong court; or when names or numbers in the order are accidentally wrong.

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