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

There seems to be no end in sight to the impasse between Western Cape deputy judge president Patricia Goliath and fellow judge Gayaat Salie-Hlophe.

Goliath lodged another complaint against Salie-Hlophe at the Judicial Service Commission (JSC) this month. The complaint emanates from a press statement Salie-Hlophe issued after a complaint Goliath lodged against her and judge president John Hlophe in January 2020. According to Goliath’s complaint, Salie-Hlophe issued the statement, which was “widely published in the print and electronic media” 10 days after her compliant.

Goliath said the statement was not released in the “context of the processes as envisaged in the JSC Act ... which regulates the procedures for lodging complaints against judges”.

Goliath claimed that, in the statement, Salie-Hlophe accused her of racism. She said in reference to her, Salie-Hlophe, who is married to Hlophe, wrote: “She had expressed to me that I should drop the ‘Hlophe’ to my double-barrel surname and that should I not choose to exit marriage ‘others’ will wonder why I am married to ‘an old black man’.”

Goliath said Salie-Hlophe further stated that: “It is clearly Goliath’s stance that matters become more serious and ‘sensitive’ depending on the race and class of the parties involved which goes against the fundamental constitutional principle of equality. She would openly and comfortably state that during her life people treated her condescendingly but at least she is not a ‘kaffirje’, regarding it as an accomplishment.

“The rule of law and the right to equality means that we are all equal before the law irrespective of our background, race, culture, creed and gender.”

Goliath said in February 2020, Hlophe annexed the statement in support of a counterclaim he lodged against her.

“Secondly the judge president stated under oath that judge Salie-Hlophe had informed him that I encouraged her to lodge a false complaint of assault against him,” Goliath’s complaint reads. Goliath said the statement was not verified under oath.

“At all material times judge Salie-Hlophe has not 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 lodge a false criminal complaint against the judge president. She nevertheless allowed the press statement 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 heard in January 2021. It is yet to be finalised.

Goliath said the racism allegations against her are fabricated and “were published with the intention to inform the general public that I am racist, unethical, lack integrity and not fit and proper to be a judge”.

“The racism allegations and the allegation that I prompted her to lodge a false criminal charge of assault further implies that I am guilty of criminal conduct,” the complaint reads.

“The allegation that I encouraged her to lodge a false complaint against her husband caused irretrievable damage to my relationship with the judge president. It further implied that I had acted in contravention of the judicial code of conduct and that I am not a fit and proper person to be a judge.”

Goliath said a complaint of racism against a judicial officer could lead to impeachment.

“The unsigned, unauthenticated statement, was never verified under oath of affirmation in all subsequent proceedings before the JSC,” the complaint reads.  “It has compromised my reputation as a judicial officer in a democratic dispensation. Consequently, I requested in writing that judge Salie-Hlophe retract the statement, but she failed to do so.”

Goliath said in the her complaint Salie-Hlophe had conducted herself in a manner unbecoming of a judge by “using racist language, having it published, and then falsely attributing the racist statements to me”.

Goliath said the statement enjoyed considerable media coverage and “I was referred to as a ‘known racist’ on social media platforms”.

“The unfounded allegations made against me have caused me great embarrassment and distress. I accordingly request that the matter be investigated by the JSC.”

TimesLIVE saw a confirmation from the JSC that the complaint would be forwarded to the judicial conduct committee for consideration.

The publication approached Salie-Hlophe for comment. She had not yet responded at the time of publishing. Her response will be added once it is received. 

TimesLIVE

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