COURT EXPERIENCE IS BEYOND WORDS TO BE HONEST… THE WHOLE THING IS HARD TO EXPLAIN-Moafrika Wa Maila
Going to court makes me happier. Facing those difficult old men and women they call judges gives me adrenalin. I sometimes feel my heart beat and some shivers, especially when they ask lot of questions.
A court experience cannot be written in any book, it’s so confusing but yet enjoyable. All courts are the same but different, all courts are so enjoyable but very irritating also. In court you will feel why they call them “judges”, they are really judging.
A court experience is funny, you can come out half happy and half angry. I remember one Judge made a ruling that give us all 50/50 in that case. The learned friend said in Sepedi “re e boletjie sekgoro ya banna, ke lekhotla la banna, ga se court”.
At times when you enter court, you must be willing to just know what matters most to you, what are you willing to lose or win. You will find yourself at a corner where winning and losing has same meaning in court, after Judge has dealt with you.
Judges will show that they are judges, they will ask Applicants and Respondents same difficult questions. You will all feel like you are in a wrong place doing wrong things. Actually the reason there is no counsel laughing another counsel in court, is because you will also have your turn to be laughed.
A court experience cannot be really written down, the experience differs. The way one counsel feels in court differs from how another one feels in court. One Attorney once asked when they were calling our matter, why is your ring flickering light so fast and your leg pounding the floor… I said stress my brother. I am about to address court.
I just don’t like first line I must say in addressing the court. I don’t know at times if I must say to Judge, please relax, old men I respect you so much, you look good today or nice hair. You will want to make a room easy. There is this look before that says “you better know your story” and it further says “are you sure you are doing this?”.
Often check how Advocates are, before court session there will be fights on papers. In the morning as you meet to introduce at Chambers there will be that I am ready to fight. Once you asked questions at chambers, many counsels when they come out they find each other and go to court holding hands like lovers before a priest. Court will humble you.
One Judge in 2023 December, at Johannesburg High Court made me get admitted in hospital with fatique, just after appearing before him for three days. I cannot forget the 12/13/14 December 2023, I think is Judge Khan, but an Indian old man. I remember there were many Advocaes from Pitjie Chambers, they saw that in court I was fighting like a mad man. They said relax, he is like that. Judge was cooking and frying every counsel before him. I remember coming from court, I asked Tebogo Sweatz that drive me. I am feeling so sick. Judge never allowed me to even answer any question to completion for full three days.
If all counsels can be honest with you about court experience. They will advise clients that let us not go there. Actually a court is like initiation school, what happens there,stays there. There is no tell it all because the all of it was not easy for anyone. Worst part is that there is no one cruising in court.
I must write my experiences of doing matters with Senior Counsels as your opposition, especially in an urgent court. I have been facing lot of seniors lately. Very seasoned senior advocates.
I must also write that article on reasons I do criminal law.
I wanted to start with this one because I had mixed feelings thinking about few experiences I had in court.
Anyway, court is court!
I remain
The Lion of Azania!!
