The Cape Bar Council has referred to Chief Justice Pius Langa allegations of racism against the Judge President of the Cape Division John Hlophe.
”If these allegations are indeed true, they are most disturbing since they completely undermine the judge president’s public stand on racism and, in addition, seriously impair the position that he holds,” said advocate Ashton Schippers, chairperson of the Cape Bar Council.
Schippers said the Cape Bar has noted with concern recent media reports regarding allegations of racism on the part of Hlophe.
Hlophe is alleged to have called attorney Joshua Greeff a ”piece of white shit” in the presence of advocate and former acting judge Dirk Uijs, acting Justice Tandaswa Ndita and prosecutor Christehenus van der Vijfer.
The Bar council was informed by Uijs and his instructing attorney Greeff that they met Hlophe following an interview by Greeff with the media on August 29 this year.
In that meeting, Greeff told Hlophe the conviction of an accused, whom he and Uijs had defended before Ndita, was based on circumstantial evidence and that leave to appeal would be sought against the conviction.
On August 31, after the accused was sentenced to life imprisonment, Uijs applied for leave to appeal, but Ndita did not consider the application and adjourned the court.
Shortly afterwards, Uijs was called to Hlophe’s office — for the meeting at which Greeff, Ndita and Van der Vijfer were present.
Uijs avers in an affidavit submitted to the Bar that Hlophe accused Greeff of being racially prejudiced, and said he should go back to The Netherlands and that he was not fit to walk in the corridors of the high court.
Schippers said Greeff is prepared to submit an affidavit to this effect.
He said another serious implication, should the allegations prove to be true, is the silence on the part of Ndita.
”All of this does not augur well for the relationship between the Bench, on the one hand, and the Bar and the wider legal profession on the other.”
Hlophe’s secretary told the Mail & Guardian Online on Thursday afternoon that she had been instructed to tell the media that he had no comment. – Sapa