Blacks in South Africa gets harsher punishment - magistrate

Johannesburg - A South African magistrate in the Pretoria Courts has said black people have to pay more bail than whites, and are effectively receiving harsher punishments than whites who have committed the same offences.

Magistrate Ndileka Ndamase made the statement in the Hatfield district court on Monday, during the bail application of Carol Smith, Beeld newspaper reported.

She wrote on the charge sheet that blacks who stole items worth under R1 000 were granted bail of between R1 000 and R2 000.

"[On] the other hand, white people who commit serious offences are released with a warning, or on bail of under R1 000," Ndamase wrote.

Smith, who is accused of cashing a fraudulent cheque of R30 000 at an Absa branch, was effectively denied bail.

Magistrate 'prejudiced'

Smith's lawyer, Mariette Jansen van Vuuren, told Beeld the State had not opposed bail, and that the docket had not been brought to court.

"The magistrate had a problem with the confirmation of my client's address, but her [Smith's] husband gave a statement and rendered proof of residence," Jansen van Vuuren said.

Ndamase insisted on the submission of police confirmation of Smith's proof of residence, and effectively refused bail on these grounds.

"My client is being disadvantaged because Ndamase is prejudiced against her," Jansen van Vuuren said.

In February 2010, the Pretoria News reported that Ndamase faced 42 charges of misconduct, including allegedly sleeping in court.

Beeld reported Ndamase and Jansen van Vuuren earlier had an altercation in the same court, due to Ndamase addressing the court in isiXhosa, instead of English.