Editorial: The Wheels Of Justice Must Be Speeded Up

WHILE we are encouraged by the President’s expressed intent to tackle corruption, we must point out that in general, the wheels of justice must be speeded up in order to put many of these cases to rest in the shortest possible time.

It is not trite to say that justice delayed is in fact justice denied, and this holds true not only with reference to the accused, but also to the nation at large, especially when such cases involve the mismanagement or abuse of public funds and/or squandering of resources. If we take the case of the Caprivi scandal of food aid allowed to rot in a Katima Mulilo warehouse, we are happy to learn that ‘heads will roll’ as the Prime Minister’s office has been mandated to draw up a list of people to face misconduct charges in terms of the Public Service Act.But it is fair to ask how long will this all take? This is by no means the most tardy case, but simply one that is topical, with Deputy Prime Minister Libertina Amathila’s announcement this week that matters are proceeding against the culprits.It must be pointed out that Cabinet Secretary Frans Kapofi, exposed the scandal two months ago, where after a team was sent to investigate and report to Cabinet.This has now been done, but it may take several months more for the misconduct charges to be filed against those responsible; the cases heard; and the outcomes finalised.In the meantime, those responsible continue to draw salaries, and will do so for the duration.Government has to look at ways and means of bringing these cases to speedier conclusions.This applies to both our courts as well as disciplinary processes within Government itself.It can be said perhaps that in the private sector, which falls under the Labour Act, things conclude far quicker.There is a few days period of suspension for an employee guilty of wrongdoing, followed by a disciplinary hearing, and in the case of an appeal, all can happen within a period of weeks.At the end of this, the matter is resolved one way or another in the shortest possible time.Is there any reason why the wheels of justice in our courts, and Government disciplinary processes in terms of the Public Service Act, therefore, cannot speed up more? There are longstanding cases as a result of various hearings, inquiries and probes, which have still not reached completion, and in most cases, the officials in question continue to receive full salaries and benefits, while their replacements must be paid the same or similar amounts, duplicating the cost to the Treasury.The public have the right to speedy resolution of these cases, particularly when taxpayers’ money is involved.Likewise those accused have dark clouds of uncertainty over their heads until they are informed of the outcome and/or are retained or dismissed from office.And there must be ways and means of retrieving monies misspent or misappropriated, which seldom, if ever, seems to happen.In the same way as we need to ostracise sex offenders and violent criminals, so too do we need to isolate the perpetrators of white-collar crimes.We must believe people can be rehabilitated and regain a place in society once they have done so, but they also must be made to pay for their crimes, especially when it comes to corruption.How many times have such people been sent to jail? A letter writer in today’s edition asks that very question and it is a legitimate one.Why does it so often appear as if the rich and/or political elite get away with their misdemeanours? We would call on the courts and/or Government to ensure that the cases currently grabbing the headlines are dealt with speedily, and that if found guilty, those accused must be not only exposed, but be made to pay back for their crimes and the monies they have stolen.If we take the case of the Caprivi scandal of food aid allowed to rot in a Katima Mulilo warehouse, we are happy to learn that ‘heads will roll’ as the Prime Minister’s office has been mandated to draw up a list of people to face misconduct charges in terms of the Public Service Act.But it is fair to ask how long will this all take? This is by no means the most tardy case, but simply one that is topical, with Deputy Prime Minister Libertina Amathila’s announcement this week that matters are proceeding against the culprits.It must be pointed out that Cabinet Secretary Frans Kapofi, exposed the scandal two months ago, where after a team was sent to investigate and report to Cabinet.This has now been done, but it may take several months more for the misconduct charges to be filed against those responsible; the cases heard; and the outcomes finalised.In the meantime, those responsible continue to draw salaries, and will do so for the duration.Government has to look at ways and means of bringing these cases to speedier conclusions.This applies to both our courts as well as disciplinary processes within Government itself.It can be said perhaps that in the private sector, which falls under the Labour Act, things conclude far quicker.There is a few days period of suspension for an employee guilty of wrongdoing, followed by a disciplinary hearing, and in the case of an appeal, all can happen within a period of weeks.At the end of this, the matter is resolved one way or another in the shortest possible time.Is there any reason why the wheels of justice in our courts, and Government disciplinary processes in terms of the Public Service Act, therefore, cannot speed up more? There are longstanding cases as a result of various hearings, inquiries and probes, which have still not reached completion, and in most cases, the officials in question continue to receive full salaries and benefits, while their replacements must be paid the same or similar amounts, duplicating the cost to the Treasury.The public have the right to speedy resolution of these cases, particularly when taxpayers’ money is involved.Likewise those accused have dark clouds of uncertainty over their heads until they are informed of the outcome and/or are retained or dismissed from office.And there must be ways and means of retrieving monies misspent or misappropriated, which seldom, if ever, seems to happen.In the same way as we need to ostracise sex offenders and violent criminals, so too do we need to isolate the perpetrators of white-collar crimes.We must believe people can be rehabilitated and regain a place in society once they have done so, but they also must be made to pay for their crimes, especially when it comes to corruption.How many times have such people been sent to jail? A letter writer in today’s edition asks that very question and it is a legitimate one.Why does it so often appear as if the rich and/or political elite get away with their misdemeanours? We would call on the courts and/or Government to ensure that the cases currently grabbing the headlines are dealt with speedily, and that if found guilty, those accused must be not only exposed, but be made to pay back for their crimes and the monies they have stolen.