The judge whose decision led to the withdrawal of charges against ANC president Jacob Zuma says that acting National Prosecuting Authority head Mokotedi Mpshe’s failure to cite him in the landmark decision was not proper, sloppy and undisciplined.
A 2002 judgment in Hong Kong by Justice Conrad Seagroatt, who is now retired, was used without attribution in Mpshe’s statement when the NPA dropped the corruption, racketeering, fraud and tax evasion charges against Zuma recently.
The NPA defended Mpshe after canny blogger James Myburgh at Politics.web spotted the similarities and NPA spokesman Tlali Tlali said it was an “innocent oversight”. (Click here to read the IOL story). The NPA also rejected calls by the Democratic Alliance for Mpshe to resign but Grubstreet has been wondering what Seagroatt himself would have to say. so was it plagiarism? Justice Seagroatt thinks so.
It took a while but I tracked him down through Oxford University’s alumni and Justice Seagroatt says he thinks that “strictly speaking it is plagiarism, but lawyers do not get worked up over such things”. Imaginative lawyers will often use previous judgment without going through the rigmarole of proper citation, the judge says. However, he adds:
However, a senior government lawyer making a statement in support of a decision of some importance should cite properly, cases or judgements used, if only to lend weight to his own. Mpshe may have thought that the scattered references to the cases cited and incorporated into the text of argument or ‘ratio decidendi’ were sufficient. As I have said, that was a sloppy approach which even a law student would be tutored against.
“…it was nonetheless sloppy and undisciplined to put the statement forward as emanating from his own reasoning,” says Seagroatt, adding that even a law student is schooled in this discipline.
At the time of writing last night, Tlali had not responded to requests for comment but if it comes, I’ll update you. To read all the comments by Justice Seagroatt, click here.
Justice Seagroatt requested the full statement by Mpshe, which I fired off to him, and if he comments further I’ll definitely let you know.
Other useful links:
The James Myburgh piece that caused all the trouble
Double standard or respect for the Rule of Law?
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April 30th, 2009 at 1:53 pm
“…it was nonetheless sloppy and undisciplined to put the statement forward as emanating from his own reasoning,” says Seagroatt, adding that even a law student is schooled in this discipline.//
Wonder if Mpshe even actually ever was a law student….?
April 30th, 2009 at 2:02 pm
Fact of the matter is this : Mpshe never thought that he would get caught out. Lame excuse by Tlali Tlali, after the fact. Mpshe attempted to convey an image of bravery, confidence and of being ‘his own man’. He is neither and we all know that he was coerced into making ‘his decision’. As they say in the classics, \Slim vang sy baas\.
April 30th, 2009 at 5:43 pm
what i find incredible, is the mere fact that the npa, mpshe et al don’t see anything wrong with what he did…..this shows how even professional integrity is subject to theft in the new sa……sad are the times…
May 1st, 2009 at 9:38 am
Yep. I agree whole heartedly. No sense of shame.
May 1st, 2009 at 11:11 am
I wonder if all this nonsense is true or the journalist is trying to discredit mpshe fo his bravery in dropping all those charges that Mbeki and his allies put on Zuma’s head comeon S.A. journalist stop being bias. thatt’s one of the reason’s Zikalala’s contract wud not be renewed. She managed to track down Judge Seagroatt. If that is really true, but I dont think its true
May 1st, 2009 at 2:03 pm
Good journalistic legwork done. Well done.
May 1st, 2009 at 4:09 pm
Mucho gracias Wessel… and, Spelo, don’t be such a silly arse. I’m going to say this very slowly. There… is…. no…. conspiracy…here. There… is no… third… force. We…. journalists… don’t…. make…. the…. news. We…. just…. report….. it.
May 8th, 2009 at 12:38 pm
Fusek! we seek and tired of these white people, trying to discredit a black man. Simply they still dominating and would do anything to put a black man down. They dont report fairly across all racial dynamics.
I say to my black peeps, be warned we are now fighting a different struggle. Knowledge is power be armed…. they will victimise you at work, and do anything to prove you sloppy. Just be 10 times ahead. I am already teaching my kids, its working. A racial divide will always be there… we still see it in the US.
Reclaim your dignity and respect. Especially in workplace and in your studies…