Scrutinising today’s judges
WHILE the judiciary is having its own turmoil, the public protector, who is more hell-bent on protecting her career than the public; has definitely misread the South Africa of today.
Her action against Abramjee (The Mercury, May 6) for allegedly sending an SMS regarding a court decision comprising of a good few judges will be the latest failure in her list of legal flipflops. Focus on the judgment rather than arguing with the jester. What is he going to be charged for? Sending an SMS … Predicting the outcome of a court case?
More interesting is the soon-to-be former Judge President of the Western Cape Justice John Hlophe. A person who like Judge Zondo had super humble beginnings, starting as a gardener and being appointed to the Bench at the age of 36. Something that strikes me is when appointments to the high court are made and such individuals have had zero experience of being in
private practice is that their sustainability and sometimes judgments are totally off the mark, and their judicial careers often short-lived.
The famous Zuma decision in KZN should have been handed to a judge like former Deputy Judge President of KwaZulu-Natal High Court, Judge Phillip Levinsohn, as opposed to retired Justice Nicholson.
The old order judges in South Africa were a force to be reckoned with and many political cases were against the State’s security laws. The famous Rivonia trial when the prosecutor asked for the death penalty is a telling example. Today you cannot convict a simple politician who had her hands in the wrong purse.
The farce around the JSC hearings where personal lives are scrutinised more, and far senior candidates in stature and experience are overlooked for some gender or social objectives. Today, some cases are adjourned by both parties when it is obvious that a judge who is clueless is appointed.
Scrapping apartheid was not about changing white arrogance with black arrogance. The RET faction was probably the peak of such arrogance, and the July riots the manifestation of such destruction.
The phrases “I see you” when the destruction was in progress and “loot responsibly” will echo for a very long time. After numerous run-ins, Judge Hlophe, who set the cat among the pigeons with his request for a high-end Porsche SUV, rather than the standard luxury German sedans which was the norm for Cabinet ministers and the president.
His penchant for the finer European brands was not the background for an academic-turned Judge President who was appointed to correct the historic social and political imbalances.
Gandhi ditched his Western attire and mindset in South Africa, before he began his battle that led to the founding of the world’s largest democracy. The comrades should learn this lesson at least. Incidentally, in India he called for the public burning of British-made textiles. Will anyone publicly burn their LV or Bulgari outfit in South Africa?
Even the former Chancellor of Germany Angela Merkel was driven in a VW “panel van”, while Bill Gates visited Khayelitsha in a Toyota SA Sesfikile taxi; probably after flying in with a private jet and crew ready and waiting on the tarmac. Hlophe, despite his legal and academic brilliance, misread the room and the mood.
Politics has changed. Sad will be the day when both his and the PP’s contracts and employment will be terminated rather than an early retirement, and such, will walk the streets as ordinary citizens.
MUHAMMAD OMAR | Durban North