Chief Justice Raymond Zondo has weighed in on the arrest of Advocate Malesela Teffo inside the courtroom, saying it was “unacceptable”.
Advocate Teffo was handcuffed inside the Pretoria High Court on Thursday when police executed an outstanding warrant of arrest.
Advocate Teffo spent the night in the cells and appeared at the Hillbrow Magistrate’s Court the next day, where he was granted bail of R10 000.
However, there was an outcry as to why the advocate – who is representing four of the five men accused of the murder of football star Senzo Meyiwa, was not given a chance to leave the courtroom before he was handcuffed.
On Tuesday, Chief Justice Zondo said he has seen footage of the arrest and “wishes to make it clear that the arrest of anybody, let alone a legal practitioner, inside a courtroom, is completely unacceptable and should not have happened”.
Zondo added: “In this regard, it should be remembered that this was the same courtroom in which Advocate Teffo appeared representing his clients”.
The chief justice added: “There was no justifiable reason why the SA Police Service could not have waited for Advocate Teffo to leave the courtroom and the Court premises before they could arrest him.
“After all, as I understand the position, the warrant of arrest had been issued about two months earlier and waiting until AdvocateTeffo had left the court premises would not have made any difference.
“Advocate Teffo was not going to spend the evening in the courtroom.”
Chief Justice Zondo said the conduct of the police in effecting the arrest inside the courtroom and how the arrest was effected on a legal practitioner who is an officer of the court, was an “assault on the dignity of the court and the Judiciary”.
He said an officer of the court was arrested in a manner that was “totally unacceptable” and “showed disrespect for the Judiciary”.
Chief Justice Zondo said Section 165(4) of the Constitution places an obligation on all organs of state, including the SAPS, through legislative and other measures, to “assist and protect the courts to ensure the independence, impartiality, dignity, accessibility, and effectiveness of the courts.”
He said he “wishes to make it clear that this statement is not about whether Adv Teffo should or not have been arrested.
“It is about the place where the arrest was effected and the manner in which it was done.”
The chief justice said he hopes the police will make sure that there are no similar incidents in our courts in the future.
Commenting on the arrest at the weekend, new National Commissioner of the SA Police Service, General Fannie Masemola, said the police have a responsibility to arrest a suspect to secure his/her attendance in court.
“Therefore, the execution of the warrant of arrest in this instance was the initiative of the Investigating Officer in consultation with his commander, which forms part of the members’ daily duties,” said General Masemola.
He said the arrest of Advocate Teffo inside the Pretoria High Court complied with the law.
