The Cloistered Virtue: Freedom of Speech and the Administration of Justice in the Western World

By Barend Van Niekerk | Go to book overview

Afterword: Freedom of Speech and the Administration of Justice -- Recent Developments

INTRODUCTION

If he were alive today, Barend van Niekerk would probably have felt slightly encouraged by recent trends in the area of free speech and the administration of justice. The judiciary and the administration of justice generally are receiving greater attention in legal journals and the lay press. Regrettably, however, many of the old restraints and taboos still loom large. With a few notable exceptions, comment critical of the administration of justice, although appearing with an encouraging frequency, remains polite, restrained, and largely ineffective. Nevertheless, the pioneering work done by Barend van Niekerk has lent encouragement to others to tentatively follow in his footsteps.

In this afterword I intend to discuss recent developments in the area of freedom of speech and the administration of justice in South Africa, Britain, and the United States. Only selected areas of the topic will be dealt with. The emphasis will be on developments in South Africa.


SOUTH AFRICA

Case Law and Legislation

Since the death of Barend van Niekerk, there have been few reported cases that have a bearing on freedom of speech and the administration of justice. The dearth of cases on the subject is indicative of the stifling effect of the judgment in the second Van Niekerk case [ S v. Van Niekerk 1972(3) SA 711(A)]. The extremely restrictive test for contempt laid down by the Appellate Division in that case has probably caused many commentators to think twice before making pronouncements on matters affecting the administration of justice.

The enforcement of respect for the judicial office reached unprecedented heights in the recent trial of Albertina Sisulu and Thami Mali, both charged with furthering the aims of the outlawed African National Congress. The magistrate presiding at the trial, Mr. J. le Grange, warned spectators to stand up more quickly when he entered or left the courtroom as a delay showed "a certain measure of disrespect" (the Star January 21, 1984). In another recent case, the persistent requests of a person charged with a criminal offense to be defended by an attorney were punished as a contempt of court by the Magistrate hearing the case. The conviction was overruled by the Supreme Court as the accused had "replied calmly and courteously, and his only fault lay in his persisting with [his] desire for an attorney after it had been explained to him that no further

-353-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Cloistered Virtue: Freedom of Speech and the Administration of Justice in the Western World
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 399

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.