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Oscar Pistorius Judge Overcame Apartheid Oscar Pistorius Trial Judge Overcame Apartheid
(35 minutes later)
JOHANNESBURG — The murder trial of Oscar Pistorius has never had a shortage of larger-than-life figures: the double-amputee sprinter known as the Blade Runner, the glamorous, blonde model cut down in her youth, the Afrikaans prosecutor so pugnacious he was nicknamed the Pit Bull. JOHANNESBURG — The murder trial of Oscar Pistorius has never had a shortage of larger-than-life figures: the double-amputee sprinter known as the Blade Runner, the glamorous, blond model cut down in her youth, the Afrikaner prosecutor so pugnacious he was nicknamed the Pit Bull.
But the outcome of the courtroom drama that has riveted the world now rests in the hands of someone from the other side of South Africa, Judge Thokozile Matilda Masipa, a quiet, stern 66-year-old black woman who has steadfastly avoided the limelight even as she rose from a poor township to the nation’s High Court.But the outcome of the courtroom drama that has riveted the world now rests in the hands of someone from the other side of South Africa, Judge Thokozile Matilda Masipa, a quiet, stern 66-year-old black woman who has steadfastly avoided the limelight even as she rose from a poor township to the nation’s High Court.
A former newspaper reporter, she was once arrested during a protest and ordered by her white jailers to clean her cell’s filthy toilet. She began studying law at the height of apartheid and became a lawyer only in her 40s, before she was named a judge.A former newspaper reporter, she was once arrested during a protest and ordered by her white jailers to clean her cell’s filthy toilet. She began studying law at the height of apartheid and became a lawyer only in her 40s, before she was named a judge.
“Whoever thought that one day a black woman would be standing judge over a white boy?” said Nomavenda Mathiane, 68, a former newspaper colleague.“Whoever thought that one day a black woman would be standing judge over a white boy?” said Nomavenda Mathiane, 68, a former newspaper colleague.
Since the trial began in March, Ms. Masipa has sat at the crosscurrents of two powerful forces in South Africa: violence against women and racial tensions. She has listened to Mr. Pistorius’s lawyers knit together a defense that rests in part on white South Africans’ deep-rooted fear of black men invading their homes. She has sometimes chided the white men in her courtroom, who address her with the honorific “My Lady” – a still extraordinary scene a generation after the end of apartheid. Since the trial began in March, Judge Masipa has sat at the crosscurrents of two powerful forces in South Africa: violence against women and racial tensions. She has listened to Mr. Pistorius’s lawyers knit together a defense that rests in part on white South Africans’ deep-rooted fear of black men invading their homes. She has sometimes chided the white men in her courtroom, who address her with the honorific “My Lady” – a still extraordinary scene a generation after the end of apartheid.
“One time they were all shouting at each other, and it was getting worse and worse,” said Margie Orford, a novelist who has written about the trial. “She called them over, and they stood before her like naughty schoolboys and said, ‘We’re sorry, My Lady.’ It was a beautiful little apartheid reversal going on there.”“One time they were all shouting at each other, and it was getting worse and worse,” said Margie Orford, a novelist who has written about the trial. “She called them over, and they stood before her like naughty schoolboys and said, ‘We’re sorry, My Lady.’ It was a beautiful little apartheid reversal going on there.”
On Thursday, both sides in the Pistorius case will return to the High Court in Pretoria, the capital, to make their final arguments in a sensational trial that Ms. Masipa has steered – skillfully, experts say – despite the glare of live television and social media, as well as the overdramatic courtroom behavior of Mr. Pistorius and the prosecutor, Gerrie Nel. Because South Africa does not have a jury system, Mr. Pistorius’s fate will rest with Judge Masipa, who is being advised by two associates. On Thursday, both sides in the Pistorius case will return to the High Court in Pretoria, the capital, to make their final arguments in a sensational trial that Judge Masipa has steered – skillfully, experts say – despite the glare of live television and social media, as well as the overdramatic courtroom behavior of Mr. Pistorius and the prosecutor, Gerrie Nel. Because South Africa does not have a jury system, Mr. Pistorius’s fate will rest with Judge Masipa, who is being advised by two associates.
Will the judge accept the defendant’s explanation that he mistakenly shot his girlfriend, Reeva Steenkamp, 29, through a locked bathroom door on the night of Feb. 14, 2013, believing that an intruder had entered his upscale home in Pretoria? Or will she side with the prosecutor, who says Mr. Pistorius intentionally killed her in a jealous rage after an argument?Will the judge accept the defendant’s explanation that he mistakenly shot his girlfriend, Reeva Steenkamp, 29, through a locked bathroom door on the night of Feb. 14, 2013, believing that an intruder had entered his upscale home in Pretoria? Or will she side with the prosecutor, who says Mr. Pistorius intentionally killed her in a jealous rage after an argument?
Judge Masipa, known for meting out stiff sentences in previous cases of violence against women, has revealed little of her thinking in this trial, mostly listening quietly with her hands folded. Nor has she betrayed any hint of how her race and gender might be seen in the biggest trial in post-apartheid South Africa.Judge Masipa, known for meting out stiff sentences in previous cases of violence against women, has revealed little of her thinking in this trial, mostly listening quietly with her hands folded. Nor has she betrayed any hint of how her race and gender might be seen in the biggest trial in post-apartheid South Africa.
An intensely private person, Ms. Masipa has given few interviews over the years. But in 2003, when she was being considered for a seat on the Constitutional Court, the nation’s highest court, she argued that her race, gender and disadvantaged upbringing would prove assets to the court. An intensely private person, Judge Masipa has given few interviews over the years. But in 2003, when she was being considered for a seat on the Constitutional Court, the nation’s highest court, she argued that her race, gender and disadvantaged upbringing would be assets.
“I can make a difference,” she replied to South Africa’s chief justice, according to a transcript.“I can make a difference,” she replied to South Africa’s chief justice, according to a transcript.
In the same, ultimately unsuccessful interview, Ms. Masipa recalled how she grew up in Soweto, the black township near here, in a two-room house where she shared one room with her brothers and sisters. “A lot of young children didn’t have role models,” she said in “Courting Justice,” a 2010 documentary about female judges in South Africa. In the same, ultimately unsuccessful interview, she recalled how she grew up in Soweto, the black township near here, in a two-room house where she shared one room with her brothers and sisters. “A lot of young children didn’t have role models,” Judge Masipa said in “Courting Justice,” a 2010 documentary about female judges in South Africa.
As a black female judge, Ms. Masipa remains a rarity. In a country where blacks make up 80 percent of the population, they account for 44 percent of superior court judges. Women total 33 percent; black women, 15 percent. As a black female judge, she remains a rarity. In a country where blacks make up 80 percent of the population, they account for 44 percent of superior court judges. Women total 33 percent; black women, 15 percent.
At the University of Natal in the early 1970s, where she majored in social work, she was known for her discipline and maturity. She also developed a pattern of trying new things, like karate, said Maud Motanyane, 63, who was one year behind Ms. Masipa and also worked with her at The Post newspaper. At the University of Natal in the early 1970s, where she majored in social work, she was known for her discipline and maturity. She also developed a pattern of trying new things, like karate, said Maud Motanyane, 63, who was one year behind her and also worked with her at the newspaper The Post.
“Back then, before it became fashionable for black people in this country to go to the gym, she was doing karate,” Ms. Motanyane said. “She’d get up in the morning and go to her karate – I didn’t know what karate was at that time.” Ms. Masipa also showed an early interest in healthy foods like lentils, Ms. Motanyane said. “Back then, before it became fashionable for black people in this country to go to the gym, she was doing karate,” Ms. Motanyane said. “She’d get up in the morning and go to her karate – I didn’t know what karate was at that time.” Judge Masipa also showed an early interest in healthy foods like lentils, Ms. Motanyane said.
After a brief career as a social worker, Ms. Masipa became a reporter at The Post, where she eventually edited a weekly women’s section, former colleagues said. It was a period of profound change during which blacks increasingly challenged the apartheid system, leading to a series of protests in Soweto in 1976. After a brief career as a social worker, Judge Masipa became a reporter at The Post, where she eventually edited a weekly women’s section, former colleagues said. It was a period of profound change during which blacks increasingly challenged the apartheid system, leading to a series of protests in Soweto in 1976.
“Please don’t laugh,” Ms. Mathiane said, “but before 1976, we were writing about girls and guys, how to keep your man, those kinds of things. But after the 1976 uprising, we started questioning what was going on around us.”“Please don’t laugh,” Ms. Mathiane said, “but before 1976, we were writing about girls and guys, how to keep your man, those kinds of things. But after the 1976 uprising, we started questioning what was going on around us.”
As editor of the women’s section, Ms. Masipa championed stories about the condition of domestic workers, the quality of schools and the content of textbooks, Ms. Mathiane said. As editor of the women’s section, Judge Masipa championed stories about the condition of domestic workers, the quality of schools and the content of textbooks, Ms. Mathiane said.
The authorities began cracking down, forcing publishers to shutter newspapers and reopen them under different names. One day in 1977, after their male editors were arrested, Ms. Masipa, by then married with two sons, and four other female reporters organized a demonstration in downtown Johannesburg. The authorities began cracking down, forcing publishers to close newspapers and reopen them under different names. One day in 1977, after their male editors were arrested, Judge Masipa, by then married with two sons, and four other female reporters organized a demonstration in downtown Johannesburg.
The women were arrested and spent one night in jail, recalled Pearl Luthuli, 60, one of the women. Inside their cell, they used the newspapers they were carrying as sheets and blankets. The next morning, the white wardens ordered them to clean their cell before releasing them for a court appearance.The women were arrested and spent one night in jail, recalled Pearl Luthuli, 60, one of the women. Inside their cell, they used the newspapers they were carrying as sheets and blankets. The next morning, the white wardens ordered them to clean their cell before releasing them for a court appearance.
“There was a toilet in the corner there that I cannot bear to think about even up to today,” Ms. Luthuli said. “The next day, we had not used the toilet, but they expected us to clean it. We refused.” The wardens eventually relented, she said.“There was a toilet in the corner there that I cannot bear to think about even up to today,” Ms. Luthuli said. “The next day, we had not used the toilet, but they expected us to clean it. We refused.” The wardens eventually relented, she said.
Ms. Masipa was already moving on. She began using her Zulu name, Thokozile, dropping Matilda, or Tilly, as everyone called her. And while her peers attended social gatherings, she began studying law, earning a degree from the University of South Africa in 1990, four years before the end of apartheid. She became an advocate a year later, and, in 1998, became the second black woman to be appointed to the High Court.Ms. Masipa was already moving on. She began using her Zulu name, Thokozile, dropping Matilda, or Tilly, as everyone called her. And while her peers attended social gatherings, she began studying law, earning a degree from the University of South Africa in 1990, four years before the end of apartheid. She became an advocate a year later, and, in 1998, became the second black woman to be appointed to the High Court.
Susan Abro, a lawyer who served with Ms. Masipa on South Africa’s Electoral Court last decade, said that the judge showed a greater willingness than other judges to let people have their full say. Susan Abro, a lawyer who served with Judge Masipa on South Africa’s Electoral Court last decade, said that the judge showed a greater willingness than other judges to let people have their full say.
“From being a social worker, she’s more empathetic and able to see situations from every side,” Ms. Abro said. “And from her career as a journalist, you probably find that contributes to her human rights perspective.”“From being a social worker, she’s more empathetic and able to see situations from every side,” Ms. Abro said. “And from her career as a journalist, you probably find that contributes to her human rights perspective.”
As a judge, Ms. Masipa has built a strong track record, handling complex cases and adroitly navigating around a legal technicality in one ruling to deliver a sentence of 252 years to a serial rapist, said James Grant, a professor of criminal law at the University of Witwatersrand. Judge Masipa has built a strong track record, handling complex cases and adroitly navigating around a legal technicality in one ruling to deliver a sentence of 252 years to a serial rapist, said James Grant, a professor of criminal law at the University of Witwatersrand.
Ms. Masipa’s former newspaper colleagues say that fairness has always been one of her most important traits. Judge Masipa’s former newspaper colleagues say that fairness has always been one of her most important traits.
“When I heard that Tilly was going to be the judge, the first thought that came to my mind was that they could not have chosen a better person,” Ms. Motanyane said. “If, for example, I feel deep anger about apartheid, Judge Masipa has always been a person with an even keel. So I have no doubt in my mind that it is in good hands, whether it’s Oscar or his parents, or Reeva or her parents, or South Africa as a whole.”“When I heard that Tilly was going to be the judge, the first thought that came to my mind was that they could not have chosen a better person,” Ms. Motanyane said. “If, for example, I feel deep anger about apartheid, Judge Masipa has always been a person with an even keel. So I have no doubt in my mind that it is in good hands, whether it’s Oscar or his parents, or Reeva or her parents, or South Africa as a whole.”