English and The Law

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Law is written down, in a book. It's not what we think is right or wrong.

Parents of a child shot in cold blood, in front of a crowd do not understand when the accused is found not guilty. We grew up on American movies but we still don’t understand what a ‘technicality’ is or, evidence that is inadmissible.

It’s the language I think. Example. A man a stole a goat and hid it under his jacket. It cried, gasping for air. Someone identified the mark on the goat and alerted the owner. The man was charged with theft. His lawyer found a loophole and he was found not guilty. Let’s slow down for a second. A goat thief doesn’t have money to hire a lawyer. Such cases are handled by a chief or a village council. You are right, but this is a hypothetical case.

Did the man steal the goat? It depends on what is written in a book somewhere. The definition of theft can be in a city’s by-law, state law or U.S. Constitution. Take the 6 January 2021 insurrection for example. Donald Trump, the former U.S. President has two cases coming up in 2024 where he is accused of instigating it. He is also running for president in 2024.

Political parties in American states submit names of people who want to be on the ballot for consideration, as the presidential nominee. Some concerned citizens don’t want to see him inside Air Force 1, the presidential plane ever again. They went to court to stop him. They failed, and it’s because of the interpretation of the insurrection clause in the U.S. Constitution.

It says, ‘whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof,’ cannot hold any office in the U.S. On 17 November, Sarah B. Wallace, a Colorado judge made a ruling that this clause does not include presidents, so Trump is free to be on the ballot.

Interpretation

Way back in 1807, it never occurred to framers of the Constitution that a whole president, would be involved in something like 6 January 2021, but they covered all bases and wrote whoever. It is a small English word, but loaded to include all humanity. Whoever, is you and I, and former presidents like Donald Trump. Because we are not lawyers, we think it is straight forward. Judge Sarah B. Wallace and other legal minds have a different interpretation of the English language.

Nonqaba waka Msimang

Executive Blogger

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