Jeremy Michaels
25 October 2004
Racial tensions among judges and transformation of the judiciary are set to come squarely into focus this morning as the country's top judges meet Justice Minister Brigitte Mabandla in Cape Town.
This comes after the General Council of the Bar - the body representing advocates - suggested that alleged racist rumours about black judges had started on the bench itself, leading Cape Judge President John Hlope to complain bitterly about racism in the courts.
The contentious issue is to be discussed when Mabandla meets Acting Chief Justice Pius Langa and the country's top judges this morning ahead of the Judicial Service Commission's (JSC's) three-day sitting in Cape Town from tomorrow until Thursday.
Amid a brewing row over racism on the bench and the controversial removal of Deputy Justice Minister Johnny de Lange from the commission, the JSC is meeting to make recommendations to President Thabo Mbeki on several judicial vacancies.
JSC spokeswoman Inez Greenstein said Langa had already met the country's top advocates, attorneys and magistrates on Saturday and the top judges yesterday.
Langa said earlier this month that he would discuss racial tensions on the bench with the advocates, attorneys, judges and magistrates, after Cape Judge President John Hlope had complained that white lawyers were deliberately trying to undermine the "intellect and talent of black judges".
Independent Newspapers understands that Langa is, however, unlikely to ask for a commission of inquiry into Hlope's allegations as has previously been suggested.
The issue is more likely to be discussed at a closed meeting where all the role players could talk to each other openly and frankly behind closed doors.
Mabandla said on Friday that she was expecting a full briefing on racism and transformation in the judiciary when she met Langa and the eight Judges President at today's scheduled six-hour meeting.
On whether racism existed on the bench, Mabandla said: "It may be that it was well hidden - perhaps it was not quite visible - because we would like to secure the prestige of the institution.
"But if people say they are experiencing racism, you cannot say: 'No, you are not telling the truth, you are not experiencing racism.'
"It's a matter that we'll get into and we'll work very closely with the Acting Chief Justice."
Mabandla also suggested that the ruling ANC was likely to "redeploy" De Lange, her deputy, to the Magistrates Commission after his controversial replacement on the JSC by former ANC chief whip Nathi Nhleko.
"We have to look at all our institutions, how we redeploy ourselves and our strengths - you know the Magistrates Commission also has to be strengthened," Mabandla said, adding that De Lange's removal from the commission was "simply an issue of redeployment".
De Lange's replacement on the JSC by Nhleko - a trade unionist with no legal background - instead of his successor as chairperson of parliament's portfolio committee on justice, Fatima Chohan-Kota - has sparked speculation that the constitutional body which makes recommendations to the President on the appointment of judges could become increasingly politicised.
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