WATCH | Malema not sorry for ‘incompetent white magistrate’ remarks as Judges Matter demand an apology

24 October 2023 - 16:24 By SINESIPHO SCHRIEBER
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EFF leader Julius Malema says he will not apologise for labelling magistrate Twanet Olivier an ‘incompetent white magistrate’ after he lost a bid to have his case struck off the roll in East London last week.
EFF leader Julius Malema says he will not apologise for labelling magistrate Twanet Olivier an ‘incompetent white magistrate’ after he lost a bid to have his case struck off the roll in East London last week.
Image: Alaister Russell/The Sunday Times

EFF leader Julius Malema says he will not apologise for labelling magistrate Twanet Olivier an “incompetent white magistrate” after he lost a bid to have his case struck off the roll in East London last week. 

Malema appeared before Olivier with bodyguard Adriaan Snyman on charges of discharging a firearm during the EFF’s fifth birthday celebration at Mdantsane’s Sisa Dukashe Stadium in 2018. 

After his court appearance Malema called Olivier incompetent, saying her ruling was not her own conviction.

“A magistrate comes to court with papers all over the place, she cannot read her own notes, and her judgment is so disorganised. She comes in court and tells a police officer to fetch the judgment in her office because she forgot it. What type of nonsense is this that we have been subjected to for the past five years of an incompetent white magistrate? She is incompetent,” Malema said.

The red berets’ leader, a member of the judicial services commission (JSC), was criticised by the Judges Matter organisation and justice ministry for “attacking” Olivier. Both the ministry and the organisation said Malema’s claims of “corruption” and incompetence against Olivier without substantiation were irresponsible.

“Left unchallenged, Mr Malema’s comments will send a chilling message to other judicial officers that they should not dare issue judgments against powerful figures who command a large audience. We call on Mr Malema to immediately retract and apologise for his unfortunate comments,” said Judges Matters researcher Mbekezeli Benjamin.

But Malema is standing by his remarks. 

“There is nothing wrong I said about her and I will not apologise. I will never stop talking about judges because we must never make judges God. They too are individuals, that is why their judgments are appealed and can be reversed ’cause they are human beings and can make mistakes,” he said. 

Justice ministry spokesperson Chrispin Phiri described Malema's comments on Olivier as a “vitriolic attack”.

“Whilst it is permissible to criticise and debate the reasoning of judicial officers' decisions, attacking and directing sensational conspiracy theories at judicial officers is not correct by anyone, let alone a member of the [JSC],” Phiri said. 

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