Understanding legal system key to curbing mob justice

"People lack a basic understanding of how the court system works. This therefore requires all in the criminal justice system to enhance educational programmes so that the public understands why certain decisions are taken in court," he said.

People often believed that a suspect taken to police would be released on bail and that bail was tantamount to an acquittal.

"They forget or don't know that bail is meant to secure the attendance of the accused person in court and therefore the amount he pays is for that purpose only and is therefore not a fine or acquittal," he pointed out.

Mhaga stressed that prosecutors' attempts to oppose bail were boosted by a thoroughly investigated case that had all the relevant and admissible evidence.

Without these, prosecutors' hands were tied and on many occasions they had to concede to the granting of bail.

He called on those outside the criminal justice community to play a role in educating people about the criminal justice system, saying that crime fighting was the responsibility of all South Africans.

"Our communities have tertiary institutions based in their areas that offer legal studies, why can't those students embark on educational programmes like street law projects in their communities to ensure that people understand how the court system works?" he questioned.

Trust in the court system and an understanding of how it worked would help curb mob justice; however, it was also important to redefine the term mob justice.

The term mob justice created the impression that it was another form of justice other that dispensed by the courts, Mhaga cautioned.

"Here is what I call justice: a criminal offence is committed, members of the community where this has happened apprehend the suspect and take him to the police. Police in turn present the case to the prosecutors with relevant and admissible evidence that lead to the suspect being convicted and an appropriate sentence imposed," he said.

Mhaga also spoke out against communities apprehending suspects only to set them alight or stone them, instead of handing them over to police. "This is not justice, but a community seeking vengeance," he stressed.

Referring to the criminal conduct by members of the community as "justice that flies in the face of common sense", he said that such conduct undermined efforts by those involved the criminal justice system to ensure justice is properly administrated.

"It should be understood that victims of crime will never be satisfied until a person arrested for allegedly committing that crime is convicted and sent to jail as punishment," Mhaga said.