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Legalbrief   |   your legal news hub Friday 26 April 2024

Judge's insulting of colleagues exposed at JSC hearing

Judge Rosheni Allie, who had hoped to become Deputy Judge President of the Western Cape High Court, ran into trouble at yesterday’s second day of the latest round of JSC hearings when her private correspondence was disclosed. In it, she insulted a number of fellow judges, including Chief Justice Mogoeng Mogoeng, calling him, among other things, ‘an individual with no conviction or insight’, according to a Business Day report. A report in Die Burger says Allie’s WhatsApp messages sent to Professor Ziyad Motala were read out by Judge President Frans Kgomo after Mogoeng recused himself. In the messages, Allie described Judge Nathan Erasmus, of the Western Cape, as an ‘apartheid apparatus’ and SCA Judge Steven Majiedt as someone who had sacrificed his independence as a judge for his own benefit. Allie lashed out at Mogoeng ‘and his undemocratically elected group of (Constitutional Court) judges’ for wasting money – claiming Mogoeng attended a conference with eight bodyguards, several cars and emergency personnel who all had to be accommodated and fed. In response, Allie said the messages were sent as part of a private conversation with a ‘long-time friend’. Now that it had become public, she apologised for the contents and tone. Motala reportedly wrote to the JSC saying he was of the view Allie lacks the ‘gravitas and temperament’ to be appointed.

Judge Isaac Madondo, after several attempts, was finally named as the JSC’s candidate for Deputy Judge President of KZN, yesterday. A report in The Mercury says Madondo (63) pipped his colleagues, Judges Shyam Gyanda and Jerome Mnguni – the present acting Deputy Judge President – to the post. In the legal profession, Madondo’s main support came from the Black Lawyers Association, although the organisation also backed Mnguni, who was considered a favourite for the job, in spite of his relative newness to the Bench. Madondo claimed to have the support of judges in his division and said he had not challenged Judge President Achmet Jappie when he had applied for that job ‘because I wanted to create unity in the division’. Two vacant judge’s positions were filled by senior advocate Piet Bezuidenhout and attorney Mokgere Masipa.