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Judicial Officers must be free to make difficult decisions

Dear Editor,

Magistrate Abigail Gibbs deserves commendation for exercising her Judicial responsibilities in refusing bail to Azruddin Mohamed at the Sparendaam Magistrate’s Court[1]. A Judicial Officer must be free to make a difficult decision without facing personal attacks because the accused holds political office.

In my view, the Magistrate did the right thing by considering the circumstances before her and explaining her decision. Anyone disputing that ruling should identify the alleged legal error and pursue the appropriate court process. Political outrage cannot substitute for legal argument.

Political loyalties undoubtedly colour public reactions. They must never become the standard by which Judicial independence is measured. We cannot demand an independent judiciary while attacking its officers whenever their decisions inconvenience a preferred politician.

Mohamed’s position as Opposition Leader confers no special entitlement to a favourable ruling. The same Judicial scrutiny that applies to an ordinary citizen must apply to him.

Criticism of a Judicial decision is legitimate. Unsupported accusations against the officer delivering it are irresponsible. Those alleging improper influence must produce evidence; repeating an accusation more loudly does not make it more credible.

Magistrate Gibbs deserves support in carrying out her duties in a politically charged case. Courts must decide matters according to law, free from pressure to satisfy any political constituency.

Political office carries responsibilities. It offers no immunity from Judicial scrutiny, and political loyalty gives no one the right to dictate a Magistrate’s decision.

Yours faithfully,
Linden Osafo Ross

References

  1. Mohamed’s mother moves to High Court for his release on bailkiskadeewatch.com ↩
Sources