More accusations in Cape race row

The Cape Bar was accused of nominating a series of ‘backward’ white male candidates to the Bench in the past 11 years by Cape High Court Judge Siraj Desai at a conference on judicial transformation organised by the IDASA. According to a report in The Mercury, Siraj said the Bar had consistently helped to appoint white, middle-class judges to the Bench via nominations to the Judicial Services Commission which reflected ‘not only their conservative view, but … defended narrow sectarian interests’.
The Mercury report not available online

Hlophe has denied the latest allegations of racism. It is alleged he deliberately assigned a judge to the Mikro Primary School case (in which the Education Department insisted the Afrikaans language school take on pupils who needed to be taught in English) to a ‘conservative’ judge who could be relied on to ‘f**k it up’. ‘This is utter rubbish,’ he is quoted as saying in a Cape Argus report, describing the claim as the latest move in a campaign to discredit him because he had been the first person to go public on racism and sexism in the Cape High Court. The new claim comes just a week after Hlophe was alleged to have called a lawyer ‘a piece of white s**t’. This time Hlophe is alleged to have told General Council of the Bar chairman Norman Arendse SC – who appeared for the Western Cape Government in the Mikro case – that he had assigned the case to Justice Wilf Thring because he believed he would ‘f**k’ it up and it would be corrected on appeal. Arendse confirmed that after Hlophe\'s alleged remark about Thring, he had written to then Chief Justice Arthur Chaskalson and his then deputy Judge Pius Langa. ‘It\'s just as well I did, because now Judge Hlophe can\'t say there\'s a conspiracy against him.’ Judge Hlophe said he believed the matter had been resolved. He had received a letter from Thring which he had responded to. Full Cape Argus report

Hlophe claims there is ‘something wrong’ with the allegations because they surfaced only eight months after the incident allegedly took place. He is quoted in Business Day as saying that each time the JSC sat to consider candidates for judges, ‘particularly when they are black, you always find these attacks in newspapers, usually directed at me or the candidates’. Hlophe, who sits on the JSC, said that while he did not nominate the candidates, ‘they know which candidates I support, and they happen to be African’. Full Business Day report

Meanwhile, a senior advocate who has acted as a judge has confirmed in an affidavit that Hlophe denounced an attorney as ‘a piece of white s**t’. According to the Cape Times, the attorney, Joshua Greeff, has also confirmed this to the Cape Bar Council, which said yesterday ‘if these allegations are true they are most disturbing ... and seriously impair the position (Hlophe) holds’. But Hlophe has again denied making the comment and reiterated that there is a conspiracy to discredit him. The Council has referred the affidavit by Dirk Uijs, SC, to Chief Justice Pius Langa for action. Council chairman Ashton Schippers said Uijs had confirmed that the statements were made during a meeting in Hlophe\'s chambers and that Uijs, State Advocate Christenus van der Vijver and Acting Justice Tandaswa Ndita had been present during the exchange. Greeff was Uijs\' instructing attorney. Full Cape Times report

The DA has called on the JSC to intervene. ‘The Hlophe racism saga with allegations, rumours, counter-allegations and denials continues to snowball and is unfortunately damaging the stature and integrity of the Western Cape Bench and Bar,’ DA justice spokesperson Sheila Camerer is quoted as saying in a report in The Witness. ‘Decisive action by the Chief Justice and the JSC is needed to bring the matter to a conclusion.’ Full report in The Witness