Public prosecutions play a crucial role in maintaining law and order in society. Their primary responsibility is to bring charges against individuals who engage in criminal activities, ensuring fair justice administration.
However, as in the recent case of former Free State ex-premier and former secretary-general of the ANC Ace Magashule’s erstwhile PA, Moroadi Cholota’s “extradition” from the US, there is concern that public prosecutions are prioritising public relations over the pursuit of justice and fairness.
Cholota faces charges of involvement in a high-profile corruption scandal associated with Magashule regarding the asbestos roof replacements in Free State.
Despite the serious nature of the allegations, her Hollywood-style extradition from the US, complete with television cameras in tow, was more about theatrics and showcasing the government’s commitment to fighting corruption than ensuring a fair and thorough judicial process.
We doubt that such actions genuinely serve justice or merely generate media attention for the sake of it.
Of course, National Prosecuting Authority boss Shamila Batohi has pressure to win big cases and achieve high conviction rates. The pressure comes from various stakeholders, including the public, the media and political leadership all too eager to see something tangible done about rampant crime in all its forms.
With so many people weighing in, it’s no wonder prosecutors might be more focused on winning in the court of public opinion than in the court of law.
Remember OJ Simpson’s murder trial in the 1990s? Marcia Clark led the prosecution with television appearances and press conferences, and it didn’t end well. Critics accused the prosecution of playing to the gallery, literally, and relying on public opinion rather than facts. The result was Simpson’s acquittal, giving day for conspiracy theorists everywhere a field day.
Not to be outdone, Michael Jackson’s 2005 prosecution for child molestation also received PR treatment. Tom Sneddon led the charge with extensive media coverage and public press conferences.
The aggressive approach backfired spectacularly, with critics accusing the prosecution of pursuing a personal vendetta against Jackson rather than justice. The outcome? Jackson moonwalked out of court a free man, and the public’s faith in the legal system was done untold harm.
When public prosecutions become public relations-heavy, it doesn’t just tarnish a few high-profile cases. It undermines public trust in the entire criminal justice system. People start to perceive the system as more interested in generating headlines than in delivering justice.
And who can blame them? It’s hard to believe in the integrity of a system that seems to be run by a bunch of spin doctors.
The pursuit of justice should be paramount but when prosecutors prioritise public relations over a thorough investigation, the results can be catastrophic. Important details may be overlooked or intentionally omitted, leading to unfair trials and wrongful convictions.
In the end, justice should speak for itself without the need for a megaphone.
