A 'whiff of racial arrogance' in judge's comments

He points out the remarks were made in the context of deeply entrenched racism in SA society 'and will therefore certainly be interpreted by many as suggesting that black judges appointed to the Bench are often unqualified for their positions'. De Vos adds: 'Whenever white people in SA talk about standards, many of us get the heebie-jeebies - not because we do not believe in high standards but because standards are often used by white people (sometimes unwittingly and unknowingly) to assert their cultural dominance and superiority over black people. Judge Lewis' remarks have a whiff of that racial arrogance about it.' He says the judge 'compounds the problem by making a false contrast between merit, skill and experience on the one hand and the appointment of judges taking into account race on the other. She thereby creates the suggestion that white people have the merit, skill and experience and black people do not.' He says that although this is not said directly, 'it is difficult not to read her words in that way'. Full De Vos article

Here's a taste of what some Legalbrief Today subscribers have to say (links provided to full commentaries online): Anonymous: Judge Lewis commented mainly on the situation in the High Courts, but what about the appalling conditions on the lower court Benches (Regional and District)? Lewis, at least, had the courage to say what many legal professionals already know and experience daily. The process of appointing magistrates is not nearly as rigorous as that of judges and one only needs to look at short-listing of vacant posts to realise that demographics and employment equity are the only concerns when making appointments. Currently, white male candidates, no matter what their level of experience is, need not even bother to apply for vacancies in the Regional Court. It is high time that we forget about being politically correct for a moment and for this matter to be brought out in the open to be debated for the benefit of the judiciary as a whole. - Read more Senzo Ngwane: The judge's comments may be interpreted to mean race is a more crucial determinant or criterion for the appointment of judicial officers, which in my view is but one of the factors alongside merit-skill and experience. If this were otherwise, we would be compromising the basic principles establishing the philosophy behind the equality clause in our Constitution. Viewed in the judge's way, the law would have to spell out which positions it would be irrelevant to consider our transformation laws for and why. The danger is that this view may defeat the object of transformation, (although) this is not to say transformation is the sole determinant. I do not think discarding the element of transformation in the appointment of the judiciary is the only available option to a more effective and efficient judiciary. - Read more Cora Vaughn: On the surface, Judge Lewis' statements seem fairly innocent. However, the problem is that her statement assumes that white judges and lawyers are competent and the African judges and lawyers are not. This is what angered the black advocates and lawyers. Judge Lewis fails to realise that the 'experienced' judges and lawyers formed their attitude during apartheid and still have, with small exceptions, apartheid era mindsets. Transformation of the judiciary is necessary for the masses to trust in the impartiality and independence of the judiciary. Regardless of how much is made that judges are assumed to be impartial, a black litigant or legal representative standing before a white adjudicator does not believe that the white adjudicator will be partial. Thus for respect and trust, it is necessary for the judiciary be transformed and reflect the demographics of SA. Criticism of transformation by Judge Lewis, which it was, insults the majority of South Africans. - Read more Pumezo David:Transformation is a sensitive issue, and, like all other prominent citizens, members of the judiciary are expected to exercise extreme caution when commenting about it, as well as other equally, if not more sensitive issues. I support the view that a complaint be submitted to the JSC as the comments alleged to have been made by her have not only brought the judiciary into disrepute but have gone further and questioned the JSC's integrity. The comments may be true but it must be accepted that it is unbecoming of a judicial officer to publicly label fellow judicial officers incompetent and 'unfit and improper' to hold their office. - Read more Do you have a view on this issue? Have you read Lewis' speech? If so, let's hear from you. Write to the editor@ebriefnews.com and we'll publish your comments in the newsletter. Requests for anonymity will be respected. Text of Lewis' speech