‘SA citizens - SA legal system is corrupt - Amicus challenge to Dewani extradition’ - The South African

SA citizen challenges Dewani extradition

A South African woman, who lodged an appeal against Dewani’s extradition with the Westminster Magistrate's Court, claims that SA’s legal system is corrupt

01 February 2011 7:15
Rob Boffard, The South African
editor@thesouthafrican.com

Lara Johnstone, 43, filed an Amicus Curiae application with the Westminster Magistrate’s Court from South Africa, presenting an argument that Dewani would not receive a fair trial if extradited to South Africa and should be allowed to stand trial in the UK. The case was presented at the start of Dewani’s extradition trial on 20 January, which was postponed to 8 February, due to Dewani’s health.

On Tuesday 1 February, Dewani's publicist Max Clifford said his client was still ill and would not be present at the 8 February hearing.

Johnstone, who works as a vermicompost worm farmer in George, South Africa, trained as a paralegal through Damelin, but has been unable to find work in the field since graduating.

Speaking to The South African, Johnstone said that she did not believe judicial standards in South Africa were the same as the UK. “I filed [the application] because I don’t think he’ll get a free and fair trial,” Johnstone said. “If we can’t give people free and fair trials, we should just set up bullets to the head.”

Nalini Gangen, director of the Cape Law Society, says, however, that Ms Johnstone’s views are “without substance or legal basis”.

“There is no reason to doubt that Mr Dewani would receive a fair hearing. South Africa has one of the best constitutions in the world and the Constitution provides for the instruments of democracy to be protected. The Constitution provides for the separation of powers and in particular the independence of the judiciary.

“South African legal processes are clearly defined and any accused would have the freedom of choice of legal representation.

“We have confidence in our judiciary,” she added.

Amicus Curiae, which translates as Friend Of The Court, refers to someone, unconnected to a case, who volunteers information to a court for a matter before it. It is filed in the form of an affidavit, and can be put to a court by any citizen or organisation at any time, even if they have no previous involvement in a case. Johnstone filed her application as a private citizen.

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