By Karyn Maughan and Ella Smook
An ugly race spat between some of South Africa's top judges has been resolved - only hours before one of the judges involved was interviewed for a position in South Africa's Highest Court.
Judicial Services Commission (JSC) chairperson Pius Langa said on Tuesday that the complaints and counter-complaints between Northern Cape Judge President Frans Kgomo and judges Steven Majiedt and Hennie Lacock had been "finalised".
It had been done without the commission finding any of them guilty of impeachable conduct.
But he also revealed that all three had been rapped over the knuckles for their behaviour.
The eleventh-hour finalisation of the complaints now clears the way for Kgomo to be recommended for a position at the constitutional court and the Supreme Court of Appeal.
He sparked the race row controversy when he lodged a complaint with the JSC in 2006, demanding that Majiedt and Lacock be axed for misconduct after they allegedly insulted him.
In return, Majiedt filed a complaint of discrimination, racism and nepotism against Kgomo.
The fight was triggered when Kgomo recommended to then Justice Minister Brigitte Mabandla that Judge Pule Tlaletsi be appointed to act as head of the court while he was on leave.
The decision was slammed by judges of the division, who complained to Mabandla and Langa that Tlaletsi was "too junior".
In his complaint to the JSC, Kgomo claimed that Majiedt then sent him an SMS which accused him of being a "sly, devious, conniving person, but also a coward", motivated by "sheer racism and malice towards him".
Tlaletsi also claimed to have received an SMS from Majiedt saying his acceptance of the acting position amounted to "complicity in this devious, conniving, racist and nepotistic scheme of (Kgomo)".
Lacock allegedly also wrote a letter to Tlaletsi, advising him to decline the appointment as he had only qualified because of his colour.
The "confidential" letter allegedly warned Tlaletsi that his acceptance of the position would make him "a snake" and he would be "despised" within the judiciary.
Both judges later apologised over their statements.
In a statement to JSC commissioners on Tuesday, Langa found that the SMSes "using insulting and inappropriate language" from Majiedt and Lacock to Kgomo "constituted unacceptable and unworthy conduct".
Further, the commission found the way Kgomo interacted with his division's judges over the appointment of an acting judge president "contributed to the tensions which precipitated" the fight.
As a result, the JSC urged Kgomo "to act in an open and collegial spirit in carrying out his duties as Judge President".
Had he been knocked out of the running for the job, the JSC would not have been able to recommend the statutorily required four candidates to President Kgalema Mothlanthe.
Three shortlisted candidates from the original seven had already withdrawn.
Judge Eberhardt Bertelsman withdrew soon after the announcement of the short list.
However, the potential nomination crisis came after two other prospective Concourt candidates - judges Chris Jafta and Frank Kroon - bowed out of the race shortly before their interviews.
The JSC hearings were to continue on Wednesday.