Convicted ivory dealer accuses WC legal system of discrimination Murray Swart, Cape Town Etc July 14, 2024 A Chinese national who wants his criminal cases involving the alleged purchase of illegal ivory and the receipt of stolen goods heard in a Pretoria court. He claims the Western Cape’s legal system has failed him and has turned to the Equality Court, believing that lawyers and judges in that province are discriminating against him. Xiong Changsen, despite having previously pleaded guilty to the charges against him, demanded an apology from the Justice Minister for how he claimed he was treated. Aside from that, Changsen is seeking US$30 million (R540 million) in damages for insult to his dignity, loss of income, and wrongful imprisonment. His application to the Equality Court, sitting at the Western Cape High Court, includes a judicial review of the two criminal trials concluded against him, as well as the setting aside of the two convictions. He alleged that the criminal court system unfairly discriminates against him because of his nationality and language. He claimed he was unable to communicate effectively with the authorities from the time he was arrested until his conviction. He alleged that he was arrested twice in 2008 and once in 2011. Warning statements were taken from him, but no translator was there to instruct him on his procedural rights, he claimed. He is also dissatisfied with the previous legal representatives who represented him in the two criminal cases. According to Changsen, he did not willingly plead guilty to these charges. Judge Eduard Wille stated that this must be viewed in light of his admission that an interpreter was present throughout the procedure. He further argues that he was not actively allowed to engage in the legal proceedings that took place in lower courts, and that he was racially stereotyped because of his nationality. He requests that his case be heard in another province, preferably Pretoria, because ‘all the lawyers in this province have failed him, and the entire system of justice in this province has failed him’. Changsen reportedly expressed concern about reprisals from local police. He threatens international media coverage if he is not vindicated, and he plans to share his experience on social media. Changsen, incensed, stated that he now distrusted all prosecutors, lawyers, and judges. He feared for his own life and the safety of his family. ‘At the same time, he admits that there was a ‘measure of culpability’ on his part for purchasing elephant ivory illegally,’ the ruling stated. While it was unclear exactly what his allegations were, the judge stated that it appeared that he was protesting about his right to privacy being violated and that he was assaulted by SAPS. He further claimed that his house was searched without a warrant and that he was never informed of the charges against him in detail. But the judge noted out that Changsen was always lawfully represented. Judge Wille, in turning down the application, said in this case, no parallel proceedings were pending in the high court. ‘When the court determines a matter following the equality legislation (with no parallel proceedings pending), it cannot also sit as an ordinary high court.’ The judge went on to say that the applicant’s only issue that could be heard by this court was that he was unfairly discriminated against because of his race, ethnicity, and language. ‘The applicant still needs to set up an evidential basis for these averments. It must be so that allegations that lack specificity do not equate to establishing a prima facie case against the respondents.’ As a result, the judge determined that the alleged acts of unfair discrimination did not fall within the jurisdiction of this court. https://www.capetownetc.com/news/convicted-ivory-dealer-accuses-wc-legal-system-of-discrimination/