Cape Town - The Magistrates Commission has confirmed receipt of a formal complaint against a Mitchells Plain magistrate accused of prejudicing families who have lost loved ones to crime.
According to the complaint, magistrate Mary Jacwu who presides in criminal court matters at the Mitchells Plain Magistrates Court is accused of exonerating hardened criminals who return to the communities they are said to have terrorised.
Cornelius Basson, father of Chad Basson, who was killed in a drive-by shooting while at a friend’s 21st in Lentegeur in July 2018, said families cannot get closure as they are concerned over Jwacu’s “conduct and professionalism” .
Basson said their son’s alleged killer was acquitted recently.
“As the family, it was the last straw when she gave her verdict where she exonerated (him) on all charges.
As a support group, we noticed a pattern that all cases are dismissed because of her.
“This particular magistrate had shown a consistent pattern of exonerating accused in criminal cases due to some reasons of technicality,” said Basson.
In attempts to highlight their plight, Basson and other families affected by criminality in the Mitchells Plain, have held protests on the court’s doorstep, calling for Jwacu’s removal.
“(In) our support group alone, we have a couple of grieving families that cannot find closure due to the fact that they continuously have to face the perpetrators that maimed their loved ones.
“All the perpetrators call her (Jwacu) ‘Momma’ and it seems she somehow wants to ‘mother’ them by hoping they will correct their bad behaviour.
“It is exactly for this reason that we supported the prosecuting staff at Mitchells Plain in calling for the removal of this magistrate.
We were happy when we learnt she was transferred to Cape Town but unfortunately for us she had to finish her part-heard matters ...”said Basson.
Jwacu said she had not been informed of any complaints. “The commission has not yet informed me of any complaints.
I can only state there is legal recourse available to any party not happy with the outcome of any case.
“The commission has not yet informed me of any complaints.
I can only state there is legal recourse available to any party not happy with the outcome of any case.
(Parties) have a right to approach the high court to appeal the decisions of a lower court,” said Jwacu.
Jwacu had, in 2021 spoken to Independent Media about issues of safety and threats on her life. She would not comment and elaborate if this was still currently a concern.
Regional Court President Nomfundo Sipunzi confirmed there was a complaint before the Magistrates Commission.
Further enquiries on the complaint received and steps being taken to address concerns raised were not answered by the Secretary of the Magistrates Commission by deadline on Sunday.
The NPA referred the Cape Times to the same directorate.
Cape Times