We, too, reach a breaking point as lawyers.
People are arrested. We go to court and apply for bail, sometimes five times, including applications for mandatory bail only for a magistrate to decline to grant it on the alleged readiness of the State, when the State is, in fact, not ready. The accused then spends six, ten, or even fourteen months in detention without witnesses being called or evidence being presented. Eventually, the accused begins to see a guilty plea as the only way out.
As a lawyer, you explain the consequences. You tell your client that they are innocent and that the law still provides avenues through which their case can be challenged. But they tell you that all hope is lost. And you see it too: the impunity of the judicial officer, the conduct of the State, and the failures of a system that appears indifferent to the suffering of the person before it. All of this is compounded by the client's personal circumstances.
Then the State tells the accused that they will not serve the maximum sentence. They are told that they will only receive a sentence equivalent to the period already spent on remand. The arrangement effectively enables both the court and the State to secure a conviction, but at the cost of a person who may be innocent and whom, in some cases, those involved know to be innocent, yet who has become collateral damage in the machinery of politics.
For those who refuse to plead guilty, you go to the High Court. You pursue every available legal remedy, but every judicial officer runs away from your file. You spend six, ten, or even fourteen months trying to get bail at High Court.
Where is the justice we studied at law school? Where are the Judges who stood for principle, fairness and the rule of law?
Are we truly doomed to watch the justice system descend into this apocalypse?