29/02/2024
"I refer to the article published in the City Press edition of 25 February 2024 under the caption :Judge questions all-white legal team and wish to offer my comments.
The article followed hot on the heels of the impeachment vote against former judges Motata and Hlophe. In this sense it will not be far-fetched to suspect that the actors in this drama were buoyed by what had just happened in parliament. Never in their wildest dreams have they ever thought that a Black majority led parliament will impeach a Black judge for standing up against racism in the legal profession in general and the judiciary in particular.
The directive by Judge M***a provided them with yet another opportunity to demonstrate the invincibility of white power in our country. It had to be known to all and sundry that Black people may have won political power but must understand that economic power is an exclusive preserve of the white volk and whoever threatens it must be identified, isolated and be dealt with in the harshest manner possible. Afriforum and its coteries relish this moment and are salivating at the opportunity to destroy another Black judge. In any case this is not difficult as they know that they will find quislings amongst the Black community who will assist them in this nefarious activity. Afterall some Black people are gullible.
In a sense therefore, the article carried with it the message of white power as articulated by white people quoted in the article. This is made clear by the fact that the writer did not deem it necessary to obtain comments from organizations committed to the transformation of the legal profession like Black Lawyers Association, Advocates for Transformation, Pabasa and Nadel. Their exclusion was a deliberate move to drown out the cries of Black Lawyers who for so many years have suffered the brutality of apartheid and discrimination at the hands of white magistrates, prosecutors and judges. One only need to read former Judge President Ngoepe's book ( Rich Pickings out of the Past) to understand and appreciate the pain of being a Black Lawyer in this country.
For those of us who continue to appear in court, we are not alarmed by what Judge M***a did. A cursory look at the motion court appearance in any High court Division reveals the lie about the transformation of the legal profession. Freedom has not yet arrived for Black Lawyers in our country. Judge M***a's directive is therefore a welcome development which seeks to address the injustices of the past. It is informed by his training that Black people must utilize every station of their life to advance the cause of transformation and speak for the voiceless.
To us Judge M***a represents a modern-era judge who refuses to succumb to judicial teachings devoid of context and insensitive to the plight of those appearing before them. Judges doing duty in an unequal society have an added responsibility to advance the cause for the marginalized and cannot be expected to be oblivious of the pain of those they are meant to serve.
The undeniable and stubborn truth is that the legal landscape of our country still favours white male practitioners than Black male and female practitioners. This goes against the grain of the world acclaimed constitution and this situation cannot change itself. It requires everyone committed to the Constitution and its values to put a shoulder to the wheel and brighten every dark corner harboring racists.
The response by Advocate Brand SC is both unfortunate and regrettable. One would have thought that a senior counsel with so many years of experience will appreciate an opportunity to demonstrate commitment to the values of the constitution and the solemn oath that legal practitioners have made to honour the constitution and advance the rule of law. He missed an opportunity to show magnanimity and chose to play to the gallery in the form of the Afriforum and like-minded parties. I certainly doubt if his response would have been the same had the directive come from a white judge. This just goes on show the distance we still have to travel to attain true equality in our country.
Judge M***a should not despair but continue to use his court as another terrain of the struggle and demand accountability from both the public and the private sector in so far as the advancement of Socio-Economic rights is concerned. Black Lawyers appointed to the bench should emulate him and constantly remember without being reminded that Black people's struggle does not end with a political power. Political power must provide an opportunity to put in place mechanism to change meaningfully the living conditions of those who for so many years were marginalized because of their race and gender. They should understand that the same way that Apartheid was anchored in law, the new social order and dispensation need to be anchored in law. To achieve this, we need judges like Judge M***a who are the proponents of judicial activism. What he did was judicial activism in the true sense of the word and he should be encouraged to do it more often. He should not listen to those who have for so many years benefitted and continue to benefit from the apartheid economy and seek to tame him in the name of judicial overreaching.
I remain Maboku Mangena wa Azania."
