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Convicted Ivory Dealer Seeks Justice in Equality Court Claiming Discrimination by Western Cape Legal System

Published July 15, 2024
5 months ago


In a dramatic turn of events, Xiong Changsen, a Chinese national with past convictions for ivory trafficking and receiving stolen goods in the Western Cape, South Africa, has launched an explosive accusation against the regional legal system. Changsen, who is at the center of a contentious legal battle, has dramatically called upon the Equality Court seeking redress for what he alleges as discrimination based on his nationality and language, holding the Western Cape legal circuit culpable for his ordeal.


Changsen's controversial case stems from convictions where he previously admitted guilt, but he now rebuffs this, insisting that a lack of interpretation services led to a misunderstanding of his legal rights and procedural process. In a bold move, he has requested that his criminal cases be transferred to a court in Pretoria, asserting that he had been let down by both legal representatives and the broader justice system in the Western Cape province.


The embattled Chinese national is not just seeking a simple transfer. He has also lodged a hefty lawsuit for a staggering $30 million, which converts to approximately R540 million, citing defamation of dignity, financial losses, and what he deems to be wrongful imprisonment. His suit against the legal system entails a comprehensive judicial review of his previous criminal trials and convictions, implying a significant overhaul if upheld.


Central to Changsen's claims of injustice is the argument that during his arrest and subsequent legal proceedings, from 2008 to 2011, language barriers prohibited him from comprehending the actions against him. This allegation is coupled with a critique of his former legal representatives and a harrowing fear of local police retribution.


Judge Eduard Wille, however, points to inconsistencies in Changsen's narrative, noting the presence of an interpreter during the trials, and raises concerns regarding the vague nature of Changsen's protestations. Importantly, the judge delineates the limits of the Equality Court's jurisdiction, underscoring that discrimination claims require a concrete evidential basis, which Changsen failed to establish.


The unfolding story raises profound questions about the complexities of international defendants navigating South African legal waterways. The case reverberates beyond its legal framework, potentially striking at the heart of issues about fair representation, cultural and linguistic understanding, and the impartiality of justice across racial and national lines.



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