Most staff members at the Pretoria Magistrate’s Court have come out in strong support of their chief magistrate, who they say has been the target of an anti-government, white minority group of magistrates who oppose transformation.
They are hitting back at negative media reports targeting chief magistrate Heinrich Moldenhauer.
The reports claimed Moldenhauer implemented a policy of divide and rule and accused him of victimisation and favouritism.
The staff members say that these reports were orchestrated by the minority group to undermine Moldenhauer’s reputation and the work he has done at the court.
Moldenhauer was appointed chief magistrate seven years ago, but he has been under the spotlight since 1998 when media reports first claimed he was a “Draconian autocrat”.
The court has a history of racial animosity, which came to a head in November 1999 after the South African Human Rights Commission was called in to resolve a stand-off between black and white staff.
More than 90 black staff, including prosecutors, cleaners, interpreters and magistrates said they had sought “asylum because they are running away from the racists”.
Staff morale has dropped again and Moldenhauer faces a disci- plinary hearing before the Magistrates’ Commission on nine charges of misconduct.
Many of his colleagues believe the charges are a “smokescreen” manu-factured by an anti-transformation group to get rid of the chief magistrate.
They allege that some of the commission’s members may be connected to the reactionary group.
“We want to stress that not all white magistrates are part of this group; it is a minority group that does not support him. The majority of the staff are behind Moldenhauer,” says magistrate Estelle van Biljon.
Isabelle Mlaba, another magistrate, says she became aware of the racial tension at the court when a colleague criticised Moldenhauer for not taking to task black magistrates considered to be incompetent. Mlaba herself has been accused of incompetence but was supported by Moldenhauer.
Moldenhauer’s suporters believe that central to the attack on him is his support for transformation and the appointment of black magistrates.
“Those who did not like the idea that more black magistrates should be appointed started spreading rumours that black magistrates are incompetent,” said Joseph Sethlabi, a magistrate.
He says it is an insult to his profession that black magistrates have to be scrutinised for incompetence.
Sethlabi suggests that magistrates and judges who served the apartheid regime should be screened instead.
Moldenhauer has refused to comment and says his side will be explained at his disciplinary hearing.
“The accomplishments and deserved accolades of the projects and initiatives completed by Moldenhauer and his team have been dwarfed and ignored in favour of salacious and often unsubstantiated negative publicity,” says Alexandra Greef, Moldenhauer’s spokesperson.
Staff members representing clerks, administration and security workers reiterated that Moldenhauer has improved their working environment.
“The emphasis Moldenhauer puts on the human within the system to change the environment was successful in changing the mindset of the staff working here,” says Wilma van Emnenis, a senior administrator.
David Parkins, director of Criminon, an initiative that Moldenhauer implemented to rehabilitate juveniles, says the criticism is politically motivated.
This week the Department of Justice and Constitutional Development came out in support of Moldenhauer. “Our position is that Moldenhauer is doing a stunning job,” said Paul Setsetse, the department’s spokesman.
“He is a good man. We are aware of individuals in the court who are opposed to transformation. Most certainly we would like to encourage Mr Moldenhauer to continue with the good work he is doing.”
Moldenhauer’s disciplinary hearing will start on Monday.