If the supporters of Geoff Budlender, director of the Legal Resources Centre, left the Judicial Service Commission (JSC) hearings in Cape Town this week feeling their candidate had been harshly treated, perhaps they should meet Judge John Motata and advocate Majake Mabesele.
Budlender, who is vying for the post of judge in the Cape division, was given a hard time by members of the commission choosing new judges, which caused some to believe that white male applicants are unwanted.
The JSC comprises a Cabinet minister or the minister’s representative; two practising advocates and two attorneys; a law academic; four members of the National Council of Provinces; and six members of the National Assembly. Its hearings concluded on Thursday, and the new appointments will be announced soon.
Judge Motata, seeking appointment to the Supreme Court of Appeal (SCA), was grilled for long periods over his statements in a defamation case criticising the continued reliance of courts on Roman-Dutch and English systems of law instead of using the Constitution as a starting point.
He was then recalled for a second hearing after some members of the commission felt that he had not satisfactorily answered allegations by some lawyers who have appeared before him that he has about 20 outstanding judgements.
Judge Motata accused his detractors of “intellectual disingenuity”, saying some of the cases referred to were already available online and others had been resolved by agreements between the parties.
Democratic Alliance MP Sheila Camerer said she was concerned that Judge Motata’s language generalising white people’s attitudes might exacerbate race tensions, while SCA president Judge Craig Howie said his was “an intemperate way for a judge to speak”.
Judge Motata conceded that “perhaps I was inelegant” in expressing the view that blacks and whites lived in different worlds, but stuck to his guns.
“It is true that white people are invited to funerals, blacks just go; white people need to be invited to a wedding, with blacks you just put up a flag and everybody comes,” said Judge Motata.
Mabesele, a Polokwane advocate, was at times visibly irritated by some of the questions posed. “What do you mean I must promote the rights of women from the Bench? How do I do that?” Mabesele retorted to a question from one of the panellists.