LETTER: Slow SA courts trump unprecedented US
Our system requires consistent judgments standing up to analysis and comparison
Sydney Kaye knows not whereof he speaks (“US courts show how”, October 1). SA law has, for good reason, a system of precedent. That system requires reasoned and thoughtful judgments that can be analysed and compared with other judgments to ensure consistency.
The US courts, whose supposed speed Kaye lauds, don’t have such a system. I believe our system, which is more carefully aimed at getting things right, is preferable. And our judges generally do get it right (of course, not always, but then we have rights of appeal).
So on that basis it is unfair to criticise judges for reserving judgment in a case “when it could have been handed down after a 10-minute tea break”? Imagine being expected to marshal all your thoughts and reasons, and to give a reasoned, reportable judgment, in 10 minutes.
John Mullins, SC
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