Judge suspended over alleged racial slur

Eastern Cape High Court Judge Belinda Hartle has been suspended as a Judicial Conduct Tribunal prepares to probe allegations of 'incapacity, gross incompetence, and gross misconduct' against her, reports News24. The suspension on Friday comes after Hartle was accused by court official Thozamile Semekazi of verbally abusing him, humiliating him and using the ‘k-word’ in the presence of himself and the judge’s secretary. Hartle has disputed ever having used the racial slur, and alleges that the complaint ‘constitutes an attempt to undermine her work and destroy her'. 'After considering the (written) submissions of the parties, the commission resolved that it is desirable that Hartle be suspended from office,’ the JSC said. Hartle will be allowed to finish her part-heard matters and complete her reserved judgments during her suspension.

Deputy Chief Justice Dunstan Mlambo noted that the committee was not tasked with determining the truth or merits of the complaint at this stage. Quoting case law, Mlambo stated: ‘When a black man is called a kaffir by somebody of another race, as a rule the term is disparaging, derogatory and causes humiliation. The public cannot have confidence that a racist judge would administer justice fairly and justly when a person from the race he or she despises is a litigant. We are satisfied that the complaint, if established, will prima facie show that the respondent is guilty of gross misconduct,’ Mlambo added, according to the Saturday Star.