Deputy Public Protector Kevin Malunga has signalled that if he were an advocate in private practice‚ he would refuse to represent an accused in a racism row.
Commenting specifically on the latest controversy to hit South Africa‚ he went public to share his opinion - even suggesting racists should leave SA to join the extremist Ku Klux Klan in America.
"Cab-rank rule is the obligation of a lawyer to accept any work in a field in which they practice. I would refuse to represent #vanessahartley‚" Malunga tweeted.
"I battled when I studied US constitutional law with the notion that KKK has 1st Amendment rights. Maybe #vanessahartley should go there."
He stuck to his view‚ even when asked by a follower‚ "But what if‚ upon being apprised of the facts (ie after accepting brief) you discover she was excessively drunk?"
"A drunk racist is still a racist my friend‚" Malunga responded.
After the initial outcry at the weekend‚ Hartley had posted a public apology on her timeline‚ saying: “I would like to apologise for comments that were made on Facebook via my phone as my phone was at the bar … and someone thought they were very funny but now they upset me and a lot of people”. Her account was subsequently deleted.
A criminal complaint of crimen injuria was lodged against Hartley on Monday by Hout Bay Civic Association secretary Roscoe Jacobs.
Hartley posted on Facebook over the weekend that African people should be tied to a rope and that that they were “like stupid animals“.
Jacobs said the post had negatively affected “genuine attempts by residents in Hout Bay to work together to address the challenges they face as residents within the community“.
Jacobs said Hartley’s comment was made after someone took to Facebook alleging that people from other African countries illegally tied up seals and fed them to generate income at the local harbour.
“Her comment was basically that if these African people are tying up seals‚ we should be tying them up‚” said Jacobs.
He argued that there was no truth to the allegations that seals were being tied up.
Jacobs said that there were “closet racists” in the Hout Bay community but he believes they are in the minority.
“Most people in Hout Bay want to work together for the betterment of Hout Bay and want to actually see Hout Bay going forward‚” said Jacobs.
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