Jun 26, 2022

Mawazo Writing Africa

Writing about the main

Western Cape deputy judge president lodges another complaint against judge Gayaat Salie-Hlophe at the JSC

There seems to be no end to the impasse between Western Cape Deputy Chief Justice Patricia Goliath and fellow judge Gayaat Salie-Hlophe.

Goliath filed another complaint Salie-Hlophe at the Judicial Service Commission (JSC) this month. The complaint emerges from a press release Salie-Hlophe issued after Goliath filed a complaint against her and Judge President John Hlophe in January 2020. According to Goliath’s complaint, Salie-Hlophe made the statement, which was “widely released in the print and electronic media” 10 days after she complied.

Goliath said the statement was “out of context of the processes as provided for in the JSC Act…which regulates the procedures for filing complaints against judges”.

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Goliath claimed Salie-Hlophe told her in the statement accused of racism. Referring to her, Salie-Hlophe, who is married to Hlophe, wrote: “She had expressed to me that I should drop the ‘Hlophe’ from my double surname and that I should not choose to use the Before ending ‘others’ will wonder why I’m married to ‘an old black man’.”

Goliath said, Salie-Hlophe further explained, “It is clearly Goliath’s attitude that things The race and class of those involved become more serious and ‘sensitive’, which contradicts the basic constitutional principle of equality. She would openly and freely say that people treated her in a condescending manner when she was alive, but at least she is not a ‘kaffirje’ but sees it as an achievement.

“It means the rule of law and the right to equal rights We are all equal before the law regardless of our background, race, culture, creed and gender.”

Goliath said in February 2020 that Hlophe included the statement in support of a counterclaim he filed against her.

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“Second, the Judge President stated under oath that Judge Salie-Hlophe had informed him that I had encouraged her to file a false charge of assault against him” , says Goliath’s complaint. Goliath said the statement was not confirmed under oath.

“Judge Salie-Hlophe has not, at all significant times, denied that she was the author of the press statement, nor that she was the source of the allegation that I had encouraged her to file a false criminal complaint against the judge president. She nevertheless allowed the press release to be used in support of a counter-complaint against me and failed to verify the allegations.”

The JSC dismissed the counter-complaint and an appeal was filed in January 2021. It has yet to be completed.

Goliath said the racism allegations against her were fabricated and “were released with the intention of informing the general public that I am racist, unethical, of integrity and unsuitable and unsuitable be a judge.”

“The allegations of racism and the allegation that I caused her to make a false charge of assault further imply that I was guilty of criminal conduct,” the in reads of the Complaint.

“The allegation that I encouraged her to file a false complaint against her husband has irretrievably damaged my relationship with the Judge President. It further indicated that I had violated the judiciary’s code of conduct and that I was not the fit and proper person to be a judge.”

Goliath said a complaint of racism against a justice officer could result in bis for impeachment.

“The unsigned, unauthenticated statement was never verified under oath in any subsequent proceedings before the JSC,” the complaint reads. “It has compromised my reputation as a justice officer in a Democratic dispensation. As a result, I wrote to request that Judge Salie-Hlophe retract the testimony, but she did not comply.”

Goliath said in her complaint that Salie-Hlophe behaved in a manner inappropriate for a judge ” using racist language, having it published, and then falsely attributing the racist remarks to me”.

Goliath said the remark received considerable media attention and “I posted on social media as a ‘known racist’ Platforms.”

“The unfounded allegations leveled against me have caused me great embarrassment and grief. I therefore request that the matter be investigated by the JSC.”

TimesLIVE received confirmation from the JSC that the complaint would be referred to the Judiciary Committee for consideration.

The publication asked Salie-Hlophe for a comment. She had not yet responded at the time of publication. Your reply will be added once received.

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