Indian chiefs rankle Malema

09 October 2015 - 02:08 By Aarti J Narsee

Why should an Indian be penalised because he works harder than others? That was the question Judge Shyam Gyanda posed during his interview with the Judicial Services Commission in Cape Town that set off sparks with Economic Freedom Fighters leader Julius Malema, a member of the interviewing panel.Gyanda was a candidate for the position of deputy judge president of the KwaZulu-Natal division of the high court. He was up against judges Mjabuliseni Madondo, Gregory Kruger and Kate Pillay. Simon Ndlovu withdrew his application.After lengthy deliberations late yesterday the JSC did not recommend any of the candidates for appointment because none had received a majority vote.The debate began with Malema saying Indians dominated "every sphere of life", particularly economic and judicial, in KwaZulu-Natal. He then asked: "Do you think that the appointment of a deputy judge president, if we were to consider an African person, would be in line with the transformation of the judiciary?"Gyanda responded that after 21 years of democracy the race of a person should not be the only criterion."If Indians are progressing they should not be penalised because of the progression. Why should the Indian be penalised because he works harder and more?" Gyanda said.The engagement became even tenser when Gyanda added that whites had had their opportunity when they were "controlling and dominating". He said people should not be appointed just because they were black or had influence.The racial composition of the KwaZulu-Natal bench was revealed during the interview: of the 29 members, 12 are African, seven Indian, seven white and three coloured. Ten are female and 19 male.Kate Pillay, the only woman competing for the position of deputy judge president, said there had never been a woman in a leadership position on the KwaZulu-Natal bench.Race and gender have dogged the bench. In 2013, former judge president Chiman Patel was charged with crimen injuria after an African clerk accused him of calling her names, and the new judge president, Achmat Jappie, had to apologise for jokingly saying during his interview for the post that he had "charmed" women colleagues out of competing with him.The final leg of interviews for 17 vacancies at high courts and the Labour Court will conclude today...

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