Judge reveals discrimination tendencies in judicial system

SUPREME Court of Appeal judge‚ Leona Theron yesterday silenced a Judicial Service Commission (JSC) boardroom as she became emotional and fought back tears as she spoke of discrimination she had faced in the judicial system.

“Yes‚ I have been a victim of racism. Yes‚ I have been a victim of sexism‚” Theron told the JSC, interviewing her for a Constitutional Court judge position.

Of the five candidates being interv she is the only woman.

Theron spoke of the “unsettling environment” she was met with at the Supreme Court of Appeal (SCA) which left her feeling “inadequate”.

She recalled an incident where she asked a follow-up question by a legal counsel after a senior judge had presented a question.

The senior judge‚ however‚ told the counsel to focus on the question he had asked and ignore what she had asked.

“It made me feel very small. It made me feel like I had done something stupid and silly‚” Theron told the JSC.

She was also disturbed that none of her colleagues had addressed the issue with her afterwards‚ saying that looking back‚ they probably sneered about the incident among themselves.

Theron said the environment was improving‚ although it was not where it would be.

She is just one of several candidates who have spoken of the racial divide which existed in the SCA.

Earlier‚ the JSC interviewed another SCA judge‚ Boissie Mbha‚ who told the court that should there be a female candidate more or equally qualified than him‚ he would not argue against the female candidate being granted the position.

“Gender is a constitutional imperative. If there is a female candidate with better capability than me‚ I would have no problem with the candidate being given the position‚” he said.

While acknowledging that the number of black‚ female judges in superior courts were relatively low‚ Judge Steven Majiedt told the commission that it would be “patronising” for black judges to be appointed to superior positions because of quota.

Majiedt argued that adequate training needed to be given to black legal representatives to prepare them for such positions.

He felt he was ready to take on the position of a Constitutional Court justice‚ adding he could not hold back from setting his sights on the position until the number of female representatives picked up.

Asked why he should be considered for the post‚ Majiedt called on the commission to look at the merits of all five judges being interviewed and to look at race representation in the Constitutional Court.

Majiedt‚ who is currently serving in the Supreme Court of Appeal‚ echoed the words of Acting Supreme Court of Appeal President Mandisa Maya‚ who had on Monday told the JSC that there were racial divisions within the court. — TMG