Marion Edmunds
The Cape justice system was in the dock in Parliament this week when the province’s portly attorney general, Frank Kahn, was forced to acknowledge his impotence in the face of escalating gangsterism and crime.
Angry Cape Flats residents filled the benches on one side of the old senate chamber, across the aisle from a line of stone-faced police and justice officials. Mohseen Moosa, chair of the security and justice committee of the National Council of Provinces, had only just opened the debate on the Cape Flats violence, when the head of the Western Cape anti-crime forum sank her teeth into Kahn.
“I submit that Mrs Wasser is talking absolute nonsense by accusing my office of doing deals,” Kahn bit back. “She is irresponsible. Tell me, what public violence cases? Give me the docket numbers.”
Gaynor Wasser fixed Kahn with a steely eye. “We are referring to when people were arrested at the airport, charges were laid and then those charges were withdrawn. Let me just say to you Mr Kahn, that I am here in my capacity as representative of the Western Cape Anti-crime forum, okay, and not as an individual.”
Members of the forum glared at Kahn in solidarity and silent outrage. Moosa intervened. “I think, Mr Kahn, desist from harsh language. It gets in the way. What about the airport incidents?”
“The dockets were decided on their merits
… we never did deals on the airport case whatsoever and I personally kept an eye on it, ” Kahn said, affronted.
“Were there convictions then?” asked Moosa. “There were convictions on minor counts, but there was a technical loophole,” Kahn sighed. “The police let us down in a crucial area … there was a conflict of evidence … this was why we lost a major charge.”
Moosa proceeded to other accusations – that the police were compromised, often drunk on duty, that the courts were incompetent, the laws insufficient, the daily tragedies larger than the conflict between Pagad and the gangs. That the state was often to blame.
Wasser added that violence would continue because there was no “collective will on the part of politicians and their line functionaries to deal with the issues”.
She then presented Reverend Hermanus Williams. His son was murdered in April. The case has dragged on for six months at the Wynberg Magistrate’s Court. “My child was not a gang member, he was sitting playing games and people came in and blasted him. How long must the case drag on? Four times the docket has gone missing. There is something cooking in these courts,” he shouted.
Kahn, contrite, invited Williams to see him in his office. He later extended the invitation to everyone in the chamber.
Wasser’s neighbour, Chris Ferndale, scoffed at the suggestion “This idea is not new, we proposed it two years ago … the AG called us amateurs then…”
Kahn responded quickly. “Mr chairman, I regard them as professionals … there is an excellent composition here, let us reinstate this with everyone present, have meetings, keep minutes … I am prepared to answer questions or criticism … These initiatives tend to get lost because of shifting community voices, but the community here seems to be more representative,” he said, gesturing at the people seated opposite him, “more …”
“Consistent,” said Wasser as she had the last word.