Trials of Oscar Pistorius: Judicial System of South Africa Essay

Introduction

The trials of Oscar Pistorius still remain one of the most debatable cases in South Africa as well as the international arena. The court proceedings, the crime itself, the life and the athletic achievements of the convicted, the judge’s decision, appeals, and the final sentence deserve particular analysis and attention. The trial is related to a myriad of aspects of modern criminal justice administration, including but not confined to the role of media, the use of technology, ethical issues, legal peculiarities of the South African judicial system, cultural aspects, and norms that have had an effect on the process (Hicks, 2016). This paper addresses such facets of the issue as the use of technology, the role of media, the impact of social factors, and the most recent trends in the judicial system of South Africa.

Main body

The fact that the court took place in post-apartheid South Africa and involved a white male from a privileged social group drew a public opinion to the case. Moreover, it also involved a sports celebrity, which also made a considerable number of people interested in the court and associated details. Heuva (2016) emphasizes that this publicity was utilized to a considerable extent by media groups to generate profit as the story of the fall of a highly publicized athlete who has killed his girlfriend attracted public attention.

Irrespective (or rather due to this high interest among the public), it was decided to make the court proceedings open (James, 2017). The principle of open justice is only starting to gain momentum in South Africa (Ellis, 2016). This principle implies the broadcast of court proceedings and highlighting all meaningful details related to the case. Moran (2016) claims that transparency and open justice are some of the central qualities of justice valued by the public in the countries of the Commonwealth. People are willing to be able to witness the way justice is actually achieved and whether all procedures have been conducted properly or all aspects of the case have been addressed. South African society is also committed to establishing the principles of transparency and open justice to ensure the sustainable development of the country and its people.

It is noteworthy that the road to open justice is rather challenging and associated with numerous pitfalls. One of the major issues to consider is the person’s right to a fair trial, which can be violated if the trial is open and, moreover, broadcast live (Moran, 2016). Oscar Pistorius made several appeals to ensure that his right to a fair trial was exercised. The defendant stated that witnesses could change or adapt their testimonies under the influence of wide media coverage of the case (Biber, 2019). The accused raised one of the central issues in the modern judicial system. It has been acknowledged that in the legal sphere, transparency and justice can sometimes be “competing objectives” (Moseneke, 2018, p. 499). On the one hand, people have the right to know what is happening in the courtroom and what details are addressed. On the other hand, the testimony, as well as the emotional state of a witness or the defendant, can have a substantial impact on other witnesses who are yet to participate in the trial.

At present, technology enables people to share information within seconds with the help of such tools as social media. It is necessary to add that the use of such communication platforms as YouTube and Twitter, as well as other social media, has been allowed in the UK and US courts since the 2010s (Moseneke, 2018). The principles of openness and transparency are now seen as priorities (De Hert, 2017). The South African judicial system is trying to adopt the latest advancements in court procedure administration, and the use of technology in courtrooms is one of these improvements. The film in question illustrates the way some people, including Oscar Pistorius, were affected. One of the speakers in the documentary emphasizes that Oscar found it difficult to reconcile with himself as his deed was something he could barely accept (Gordon, 2020). The associated publicity and the pressure the convicted endured on his way to trials, in the courtroom, and in custody had a considerable effect on the emotional state of Oscar Pistorius.

In addition to the influence of technology, social media, and publicity, it is also important to consider the cultural and social context of the case. Flynn and Hodgson (2017) claim that thousands of people in countries of the Commonwealth have no access to justice due to the lack of resources. However, thousands of people do not have access to justice due to diverse cultural and social issues that exist in different countries. Judges and prosecutors may be biased, which may affect their decisions, as well as the overall course of the case (Hicks, 2016). South African society and the trial of Oscar Pistorius can serve as an illustration of this claim to a certain extent.

South Africa is a patriarchal society where the scars of apartheid are still felt. Mphuthing (2020) states, for instance, that Judge Thokozile Masipa was rather biased due to her social status as she came from a poor community. The feminist approach to the legal system in many countries is hardly applied (Hunter, 2019; Creutzfeldt, Mason, and McConnachie, 2019). This approach implies addressing the issues females encounter in great detail rather than grounding decisions and measures undertaken based on the patriarchal perspective.

One of the aspects of the case that attracted a lot of attention was the fact that the convicted was sentenced to a short period in prison, and the personal characteristics of the victim were not even considered (Gordon, 2020). Judge Thokozile Masipa, as well as the judge of the High Court of South Africa, placed emphasis on the fact that the defendant killed a person intentionally or unintentionally (Hicks, 2016). However, thousands of people expected a more severe punishment due to the personality of the victim, who was a famous person. Clearly, paying more attention to the victim would make the trial even more emotional, which would have different effects on society (Brants, 2017; Hester and Eglin, 2017). Thus, the influence of gender on the course of the trial took quite different forms.

Conclusion

In conclusion, it is necessary to note that the trial of Oscar Pistorius sheds light on some of the most urgent challenges the South African legal system is yet to address. The use of technology, the impact of social media, and the effects of certain social aspects often shape the decisions made by stakeholders. The position of the defendant is one of the areas affected by these areas, which is also illustrated by the case. Oscar Pistorius seems to be devastated by the crime he committed, and the way the entire process was publicized made his willingness to protect himself minimally. The exercise of the right to a fair trial in this process is rather debatable, so the trial of Oscar Pistorius should be analyzed to ensure that all the principles of fair justice are followed.

References

Biber, K. (2019) ‘Dignity in the digital age: broadcasting the Oscar Pistorius trial’, Crime, Media, Culture: An International Journal, 15(3), pp. 401-422.

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Brants, C. and Karstedt, S. (2017) ‘Introduction: the rational and the emotional: issues of transparency and legitimacy in transitional justice’, in Brants, C. and Karstedt, S. (eds.) Transitional justice and the public sphere: engagement, legitimacy and contestation. London: Bloomsbury Publishing, pp. 1–16.

Creutzfeldt, N., Mason, M. and McConnachie, K. (2019) ‘Socio-legal theory and methods: introduction’, in Creutzfeldt, N., Mason, M. and McConnachie, K. (eds.) Routledge handbook of socio-legal theory and methods. Abingdon: Routledge, pp. 3–8.

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Ellis, W. (2016) ‘Oscar Pistorius – the injustice of open justice’,News 24. Web.

Flynn, A. and Hodgson, J. (2017) ‘Access to justice and legal aid cuts: a mismatch of concepts in the contemporary Australian and British legal landscapes’, in Flynn, A. and Hodgson, J. (eds.) Access to justice and legal aid: comparative perspectives on unmet legal need. London: Bloomsbury Publishing, pp. 1–22.

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James, A. A. W. (2017) ‘South Africa’s debut into broadcasting criminal trials – the legal arguments in televising the Oscar Pistorius trail’, PER / PELJ, 20(1), pp. 1-21.

Moran, L. J. (2016) Visible justice: YouTube and the UK Supreme Court. The Annual Review of Interdisciplinary Justice Research, 5(1), pp. 223-263.

Moseneke, D. (2018) ‘The courtroom as TV studio: the case of the Oscar Pistorius trial’, International Journal of Law in Context, 14(4), pp. 493-503.

Mphuthing, P. (2020) It’s naive to believe Thokozile Masipa could be objective in Oscar Pistorius case. Web.