Judge overrules 'frustrated' magistrate to free man jailed for stealing yeast "The magistrate should have been alive to his socioeconomic background and applied the well-known principle of ubuntu in the matter, taking into consideration, inter alia, his personal circumstances, the reason for his being unable to pay a fine and his sickly condition at the time of sentencing," Judge Samela said. He continued: "Consequently, the magistrate's anger and frustration resulted in the accused getting a severe and unfair punishment." The FW de Klerk Foundation said Judge Samela's ruling sent the wrong message to criminals and struck the wrong balance "between the crime, the offender and the interests of society." The foundation's advocate, Jacques du Preez, told South Africa's Times newspaper that the judgement warranted a "closer analysis" in light of "rampant" crime in South Africa. What message does his judgement send to the public and to criminals? Should the principle of ubuntu be used to condone repeated and consistent criminal behaviour?" he said. Busani Mabunda, president of the Black Lawyers' Association, said "ubuntu" should be an important factor in sentencing. "Ubuntu should not be trumped unnecessarily, given that it is an ethos that is gleaned from the constitution," he said.