The Judicial Service Commission (JSC) has recommended that Eastern Cape High Court judge Belinda Hartle be suspended pending a Judicial Conduct Tribunal probe of a misconduct complaint, in which she was accused of swearing a court official.
The tribunal will investigate allegations of gross misconduct against Hartle. A gross misconduct finding could lead to an impeachment process. If impeached, the judge could lose her lifetime salary benefit if found guilty of gross misconduct.
The president, Cyril Ramaphosa, has the power to suspend judges based on JSC advice. The JSC has decided to make the recommendation for suspension and requested chief justice Mandisa Maya to appoint a tribunal to investigate the complaint against Hartle.
“After considering the submissions of the parties, the commission resolved that it is desirable that judge Hartle be suspended from office in terms of section 177(3) of the constitution, with the condition that she is allowed to finalise her partly heard matters and reserved judgments during the period of her suspension,” the JSC said in a statement.
Alleged racist remarks
The complaint was filed by a court official, Thozamile Semekazi, who alleged Hartle hurled derogatory and racist remarks at him in East London (now KuGompo City) high court chambers in May 2025.
Hartle has denied the allegation in the proceedings conducted by the Judicial Conduct Committee (JCC), which dealt with the matter before the JSC.
Semekazi alleged he was belittled by the judge when he delivered “a pile of case files” to Hartle’s office. The case files were delayed.
“Judge Hartle did not even allow me to speak for myself; what she heard from [secretary] was sufficient for her to the extent that, while standing at the door, facing the inside of her secretary’s office, while I was seated … she uttered the following words to my face: ‘f**k you’, ‘p**s man’, and as she turned to look at her secretary, continued with the insults and said: ‘I am tired of [registrar Thabosa] Mafalala’s staff, bloody f**king k****r’ — with such a confident, loud and aggressive, firm voice,” Semekazi alleged.
Before the JCC, Hartle disputed ever using the k-word and accused Semekazi of grossly misrepresenting the interaction. She said the complaint constitutes an attempt to undermine her work and destroy her
Semekazi said later the judge apologised to him.
Hartle, before the JCC, denied using the k-word. She, however, accepted that she used a swear word but said it was not directed at Semekazi. The judge expressed she had been dealing with delayed delivery of files for cases to be heard.
“In my brief interaction with Mr Semekazi — who I did not expect to be seated in my secretary’s office when I entered to inform her of the status of the trial I was hearing — I did inform him very firmly that I would not be accepting the chair load of files that was standing in the entrance to her office. It is my sharp rebuke that must have upset him,” Hartle said.
“My expression of frustration with regard to the registrar’s abuse of my kindness was directed at Ms Frost and her alone. I used a single expletive. I hardly had time to consider who was present in her office before the word had slipped out. I immediately apologised to the stranger in our midst [Mr Semekazi] that I was sorry for the word.”
Before the JCC, Hartle disputed ever using the k-word and accused Semekazi of grossly misrepresenting the interaction. She said the complaint constitutes an attempt to undermine her work and destroy her.
The JCC recommended last December for a tribunal to investigate the matter noting that the judge faced racism allegations.
Business Day
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.