Why do people have questions about South Africa’s legal system? Why do we always suspect conspiracies, fraud or just plain lying? The reason is pretty complex, but let me try and offer some explanations.

In the justice system today, we do not seem to have judges which set a good example to society. Firstly we have had the whole Judge Hlope fiasco and we seem to be moving on to the complaints about Judge Siraj Desai. These are the top judges in the country being called into question.

We also have people like Judge Nkola Motata and his drunk driving charges. Did he set a good example for the rest of society? I think not.

Looking towards law enforcement we have similar questions. Currently there are questions regarding Selebi’s activities in organised crime. We don’t even have to mention all the drama that constantly surrounds Robert McBride!

The NPA is no better with all the questions surrounding Pikoli and the interference of the state in NPA affairs.

These are all top people who should be leading by example. These are people who should be above reproach. But matters do get worse!

The top law enforcement agency, the Scorpions, have now been implicated in a whole host of shady dealings and corruption. This is meant to be the agency to get rid of the corruption! Just take a look at Scorpions advocate Portia Kgantsi’s recent conviction.

Local policing is seen as being ineffective and corrupt. Stories of cops being involved in corruption, prostitution, cash-in-transit robberies, armed robbery etc. This is law enforcement on our grassroots level and people have no faith in it.

At all levels in the justice and law enforcement agencies there are serious problems that do not seem to be addressed.

Having a look at the justice system in all its aspects, is it any wonder why people do not trust the police or the courts? This situation is ripe for rumours of conspiracy, fraud and corruption.

The problem is, it is within the realms of possibility that these people could just be right!

Pretoria High Court judge Ntsikelelo Poswa wants a 100% proof that he is the father of his ex-lovers child, after having gone for a DNA test which established that there was a 99.9% chance that he was the father.

“When the test reflected 99,99 percent, I asked the institution which had conducted the test whether there could ever be a 100 percent result. I was informed that that was not yet possible.

“As fate or luck would have it, I coincidentally also picked up, from a radio report, that a DNA result is not an accurate assessment but merely a statement of high probability.”

“In other words, there is or are, notionally out there, one or two… other persons who can have an identical DNA result in respect of the child in question,” he said.

Poswa said he has stopped his R1 000 interim monthly maintenance payments for the child until another lover of his ex is also tested.

Does this open the way for hundreds of other men in South Africa to stop paying support? Is the judge making a mockery of both science and the justice system? Or does he have a valid point?

Let me know your views!

One of the key players in the trial of Fred van der Vyver is the judge - Justice Deon van Zyl. I thought it would be interesting to take a closer look at the man and what he has achieved.

Deon Van Zyl received a LLB degree in 1966 and a MA in Latin in 1968 at the University of Pretoria.

He has four doctorates: a Dr Jur (Leyden 1970); PhD and LLD (Cape Town 1983 and 1988 respectively); and a D Litt in Latin (Orange Free State 1989). From September 1968 to September 1969 he studied at the Universities of Paris and Hamburg. He was professor in and head of the Department of Roman Law and Legal History at the University of the Orange Free State (1971 to 1973), and part-time head of the Department of Roman Law and Legal History at the University of Pretoria from 1974 to 1979.

At present he is an honorary professor of law at the North West University; an extraordinary professor of law at the University of the Free State and a visiting professor at the University of Edinburgh.

Deon van Zyl practised as an advocate at the Free State Bar during 1973 and from 1974 to 1984 at the Pretoria Bar. In 1983 he became Senior Counsel and from 1985 to 1993 he was a Judge of the Transvaal Provincial Division of the High Court of South Africa. Since 1994 he has been a Judge of the Cape Provincial Division of the High Court.
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