Cape Town: “I am serious when I say in case I die I want it to be known directly from me what I have been through.”
These were the chilling words of Mitchells Plain Regional Court magistrate Mary Jwacu, 52, who has served in this capacity since 2011.
Jwacu fears for her life after receiving various death threats since 2013 including being threatened with a toy gun by an accused during a trial she presided over last year, to her office window being broken, her cars’ tyres slashed, threatening phone calls to her workplace and to the police station and rumours that prisoners were planning to kill her.
Jwacu collapsed after a blackout at the courthouse on September 22 following her office window being broken on September 9.
Images of the broken window have been shared with the newspaper.
Jwacu has been the presiding officer over several high-profile murder, rape and gang-related cases such as the Junior Cisco Yakkies (JCY) matter, Shakoor Roberts, accused and acquitted of murdering his mother and Corrine Jackson, accused of murdering her estranged girlfriend, Nadine Esterhuizen.
She spoke about the murders and attacks on her colleagues such as advocate Vernon Jantjies who was murdered in Lentegeur in 2019 and advocate Pete Mihalik in 2018, Noorudien Hassan in 2016 and the recent shooting of magistrate Abram Mashala who covered the case of alleged underworld figure, Nafiz Modack, this year.
She has been a regional court magistrate for 13 years and has 30 years of judiciary experience, having worked her way up the ranks, from a clerk and interpreter in 1991.
In an exclusive interview with the Weekend Argus, Jwacu, armed with various documents, detailed communication between herself, doctors and lawyers and the regional court president, the Magistrate’s Commission, the Secretariat of the Judicial Service in which she appealed to be transferred to another court house as her life was in danger.
The communication was shared with James D Lekhuleni, Acting Regional Court President and Western Cape Regional Court President, Bruce Langa.
An assessment was done on Jwacu’s safety issues raised and was requested by the Regional Office Security and Risk Management.
The newspaper was also provided a copy of the assessment.
It reads: “The last life threat assessment of Jwacu was conducted in 2018 by Western Cape Crime Intelligence.
“Jwacu confirmed that there was no new life threat assessment that she was aware of since 2018.
However, Jwacu says there was a trial she was presiding over last year in which the accused threatened her.
“The accused drew a toy gun and the police immediately got hold of him and dispossessed him.
“The incident was reported to the office of the regional court president and the picture of the toy gun was sent to the commission.
“On September 23, Jwacu got into her office and on her arrival she found out that the window in her office was damaged.
“Jwacu informed the court manager about the incident and the incident was reported to the regional office.”
She said the incidents began to play out soon after she raised the “house-keeping” issues at the courthouse and the running of the courthouse focusing on the violation of justice.
In another letter shared with the newspaper, Jwacu said she had made an application at the DPP and asked for recommendations from her colleagues, in a bid to leave Mitchells Plain this year.
In the letter, by MF Adams, the acting regional court president Western Cape said she had several years of experience and was a suitable candidate.
An extract reads: “Jwacu proved to be versatile and a seasoned judicial officer who always performs her duties with diligence and enthusiasm.”
But Jwacu said she was prepared to tender her resignation after even paying for private security and relying on her children to safeguard her as escorts: “I am mentally prepared to submit my resignation.
“I cannot take it anymore. I have taken the department to my attorneys, for my appeal to be removed to another courthouse.
“I just wanted to be moved from Mitchells Plain due to safety concerns.
“I have had to use my own finances to get security and had my own children escort me to court.”
She recalled incidents where a man had followed her to her previous flat in Rondebosch and her vehicle was broken into in her garage prior to 2017.
“I was followed while living in Rondebosch.
“My vehicle was broken into at the garage (home) before 2017 and as I got out of my vehicle at the Woolworths in the area one day, this man told me he wanted to thank me for the case I did, I asked him how he knew where I was living and I sold my flat.
“I was admitted twice to hospital by the doctor’s request.
“Now in September my window was damaged in my office.
“Since 2013, 2014, 2015, to 2017, nothing has been done.
“I was also told when I was not present at court, during one incident that prisoners were conspiring to harm me in 2019.
“I was informed by my superiors.
“But it ended up being nothing because the cells were dark and they could not see who it was.
“I received various threatening phone calls, to the police station and courthouse.
“In one phone call, this person knew the registration of my Mercedes Benz and said I must enjoy it while I can.
“I immediately sold that vehicle.
“Now I am told I must wait for further communication because the server is down, the report has been sent to the Magistrates’ Commission.”
Carol Johnson-Newham, of the Department of Justice and Constitutional Development said it was not their domain to comment and referred Weekend Argus to the Magistrates’ Commission which has been approached by the newspaper.
“As this is a matter involving Jwacu and Langa in their capacities as judicial officers, it is not within the purview of the DoJ – since magistrates as judicial officers are independent.
“So it’s only the Magistrates Commission that will be able to respond, not the DoJCD.”
Mahomed Dawood, the Secretary of the Magistrates Commission told Weekend Argus the matter was referred to the Ethics Committee for further feedback.
"I wish to advise that the matter has been referred to the chairperson of the ethics committee, advocate Moosa, for further attention."
Weekend Argus has been included in the email to the committee and awaits feedback.
Weekend Argus