magistrate

Kenyan judge upholds dismissal of alcohol-addicted senior magistrate

How far must an employer go to help a staffer with alcohol addiction? At what point is dismissal appropriate? Kenya’s high court had to consider this problem in relation to a senior magistrate who was given his marching orders by the Judicial Service Commission after he had been drunk on duty.

Read judgment

The question of how to deal with judicial officers who are drunk or addicted to alcohol has often proved difficult to resolve.

Christmas is coming, so we're putting you in jail

In the midst of bad stories about the quality of justice being experienced in Zimbabwe’s courts comes a high court judgment that sees the accused as an individual – and that sets aside his trial sentence in the lower court as a shocking expression of the magistrate’s whims about burglars at Christmas.

Read judgment

The judiciary in Zimbabwe is not enjoying a particularly good international reputation at the moment. News of bail applications routinely refused, of mass trials and sham prosecutions  – all have raised questions about the quality of justice being dispensed in that country during the current crackdown on opposition activists.

"Disgraceful abuse of legal authority" - attorney re-writes court's judgment before delivery

In what two high court judges have described as misconduct “unprecedented in the annals of SA judicial history”, a magistrate has been found to have allowed an attorney to re-write his judgment before delivery. Even worse, the attorney concerned had appeared for one side in the case that led to the judgment. The magistrate, who has since died, initially wrote a judgment four pages in length, but after the attorney’s re-write this increased to 10 pages.

Read judgment

Just one sentence into the judgment, and you know this is a legal scandal of significant proportions: Judges Thembekile Malusi and Mbulelo Jolwana said the “misconduct which culminated in this review, to the best of our knowledge, is unprecedented in the annals of the judiciary in this country. We hope it will never be repeated by any judicial officer.”

Pages

Subscribe to RSS - magistrate