The General Council of the Bar has angrily suggested that Cape Judge President John Hlophe take some responsibility for the "mystifying" accusations allegedly contained in his report on racism in the judiciary.
Judge Hlophe compiled the explosive report after claims last year that white judges in the Cape provincial division were undermining black judges. He has handed the document to Justice Minister Brigitte Mabandla.
Among the accusations in his report, carried by City Press newspaper on Sunday, was that he believed the Cape bar "despised" black judges.
Also, that the Cape bar had not supported black candidates in the past 10 years; that white advocates chose to settle commercial matters in arbitration if cases were assigned to black judges; and that black judges were ridiculed for making mistakes, with their judgments circulated among white members to "humiliate and undermine" them. Judge Hlophe also referred to whites-only lunches among members of the bar.
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| 'Maybe some questions should also be asked of him' |
Contacted for comment on Sunday, he declined to elaborate, saying the report had been meant only for the heads of court and he had nothing to add at this time. Justice spokesperson Makhotso Moiloa did not return repeated calls for comment.
The chairperson of the general council of the bar, Norman Arendse, commented that if reports were accurate, Judge Hlophe's report - said to comprise 43 pages - was "obviously" cause for concern.
"The report is an indictment of his leadership and administration of justice in the Western Cape. He has been Judge President for about 10 years - perhaps it should rather have been a 453-page report," Arendse said.
"He is pointing fingers at the judges, many of whom were appointed during his tenure. Maybe some questions should also be asked of him."
Judge Hlophe should name the judges and advocates he referred to in the report.
| 'Clearly the Judge President has considered that a different course is to be followed' |
"And, clearly, as lawyers, they should be given an opportunity to respond," Arendse said.
To protect the independence of the judiciary, Judge Hlophe's report should be dealt with by the judicial services commission and not by the minister.
As a former member of the cape bar council, he was "mystified" by some of Judge Hlophe's accusations, Arendse said.
"It would be interesting to see on what basis the Judge President makes the comment that the bar is reactionary.
"For instance, Advocates for Transformation started at the Cape bar six years ago and grew nationally only subsequent to that. What has not happened is black members coming forward in their numbers to sit on the bench. If leading black advocates should come to the Cape bar and put their hands up there would be absolutely no hesitation in supporting them," he said. He added that the complaint about whites-only lunches could be extended to blacks-only lunches, which were "not unheard of".
Owen Rogers, chairperson of the Cape Bar Council, said he was surprised the report had already been handed over to the minister. He said the car council had asked Hlophe to see an advanced copy of the report before it was officially handed over. "Clearly the Judge President has considered that a different course is to be followed," Rogers said.
Justice spokesperson for the DA, Sheila Camerer, said Hlophe seemed to "have the bit between his teeth" on this issue.
"Judge Hlophe rushing around and attacking everyone again will start up this whole racial tension process again. I thought it had been concluded. I think the minister should call all the parties together and talk all the issues through," she said.
- This article was originally published on page 1 of Cape Times on February 14, 2005
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