Judge lashes out at sherif fs for ‘insult’ to black women

Officials called domestic workers by first names only

THE status of domestic workers has been raised — by a high court judge who became infuriated when court officials referred to three of them by their first names only.

The officials — three deputy sheriffs who delivered summonses — have been ordered by Judge Tati Makgoka to apologise to the women.

The deputies had left the summonses with the domestic workers in the absence of their employers, on whom they were to be served.

In their returns of service, which serve as proof of a summons having been delivered, the deputies said the documents had been left with “Bongiwe, a domestic worker”, “the domestic, Faith” and “Eliza, domestic worker”.

“The very fact that the deputies most likely did not inquire about their marital status and surnames is, in my view, itself a violation of their dignity,” said the judge, sitting in the motions court in Pretoria.

Makgoka was hearing applications over unpaid debts brought by Standard Bank and Absa.

He became annoyed when he noticed the description of the women by the deputies, whom he named as S Koopman, M Pavkovich and N Seti.

In his six-page judgment, which was sparked by his “disquiet about the contents of the sheriffs’ returns”, the judge said there was no mention of the women’s marital status or surnames.

“One thing is clear, though— all of them are indigenous African women,” he said.

According to Makgoka, the deputies either never bothered to ask the recipients about their marital status and surnames or, if they made such inquiries, ignored the particulars.

“Either way, the conduct is decidedly undignified, demeaning and in clear violation of the constitution, which guarantees everyone the right

From my experience, it is mostly indigenous African people who are the subject of such mode of address

to inherent human dignity.

“As a nation, we emerge from a disgraceful and painful past where an irrational system of institutionalised racism was visited upon indigenous African people, where adult African women and men were contemptuously referred to as ‘girls’ and ‘boys’.

“The contents of the returns of service in these matters are reminiscent of that era and conjure up deeply painful memories for the majority of citizens of our country.”

He said that it did not help that two of the deputies appeared to be white men. “Without fail, each time I have sat in the motions court, I have en-

govenderp@sundaytimes.co.za countered similar returns of service. From my experience, it is mostly indigenous African people who are the subject of such mode of address in returns of service. I have yet to come across a return of service referring to a non-indigenous African person in the manner reflected in the returns of service under consideration.”

The judge said sheriffs played a critical role in the administration of justice and “had an abiding duty to treat everyone with dignity”.

He warned that attorneys also had a duty to ensure that the returns of service were “properly worded”.

The deputies have been given 15 days to verify the marital status and surnames of the three domestic workers and to offer them written apologies.

Makgoka also asked the registrar of the court to make the judgment available to the chairman of the South African Board for Sheriffs as well as the Law Society of the Northern Provinces.

Koopman, Pavkovich and Seti could not be reached for comment.

The acting executive manager of the South African Board for Sheriffs, Bongi Luthuli, said the board respected the judgment and “agrees that it should be enforced”.