A ceasefire was declared in the Hlophe race war on Wednesday when Chief Justice Pius Langa said that none of the protagonists wants any further action to be taken.
Langa made the announcement in a statement issued at the end of a three-day meeting of the Judicial Service Commission in Cape Town.
”Those concerned adopt this attitude in the interests of the greater good of the public and in the contemplation of constructive and effective steps to stabilise relationships between the judiciary and legal profession of this province,” Langa said.
The row was sparked by a claim that Cape Judge President John Hlophe had called attorney Joshua Greeff a ”piece of white shit” after Greeff criticised the way one of Hlophe’s appointees, acting Justice Tandazwa Ndita, handled a murder case in which he was involved.
The remark was reported in an affidavit by advocate Dirk Uijs, who was with Greeff in Hlophe’s chambers at the time, and which was sent to the Langa by the chairperson of the Cape Bar Council, Ashton Schippers.
Langa said that on Sunday at a routine meeting of the country’s heads of courts, Hlophe was offered an opportunity to give his version of what had happened.
”The judge president did so,” he said. ”In the course of his account, he denied having made the alleged remark.”
Langa said he had subsequently been told that Ndita had reported Greeff to the Law Society, apparently over what she regarded as his ”unacceptable reaction” to the conviction of his client.
”Having received all these intimations, the chief justice thought to enquire whether or not the affidavit should be regarded as a complaint against Judge President Hlophe.
”Mr Uijs replied that the intention was not to lodge a complaint.
”The chief justice then asked whether the persons concerned could resolve their differences in the interests of the judiciary, the legal profession and the administration of justice.”
To this end, discussions were held on Tuesday evening at which Langa; the head of the Supreme Court of Appeal, Judge Craig Howie; and the senior Judge President, Bernard Ngoepe of the Transvaal Provincial Division, first met Uijs, Greeff and Schippers.
They then met Hlophe.
”The result of these discussions is that although neither version of the events in issue is or has ever been withdrawn, neither party concerned wishes any action to be taken against the other. Nor will the complaint by Ms acting Justice Ndita be pursued.”
Langa’s statement made no reference to a second controversy, over Hlophe’s alleged belittling of white Judge Wilfred Thring, whom he allocated to hear a language-rights case.
It was not clear on Wednesday whether Langa or the heads of court were considering the matter. — Sapa