Sunday, September 06, 2009

Time to kick out the Racist Judges

But will it happen? Amidst the ruckus in the jungle that passes for the judicial system in Azania, we have heard that none other than the eminent Judge Kriegler (He of the verdict that stated that the 1994 elections were "substantially free and fair") under the banner of the Freedom Under Law (FUL), has challenged the JSC decision to drop investigations in racist black judge Hlophe. Then we have heard that Acting Judge Moroka and Advocate Ntsebeza from the Board of FUL and Mr Ramaphosa from the International Advisory Panel have recently resigned in what appears to be racial solidarity. True to the trend in SA it appears that whatever opposition is raised against the ruling elite is simply branded racist. Tighten those seat belts folks, there are some interesting times ahead!

The well tested strategy of “lie and deny” may work for politicians but it didn’t work for drunken judge Nkola Motata last week. You will remember that the judge managed to reverse his Jaguar into the garden wall of Mr Richard Baird two years ago. He claimed he had been drinking tea with friends. Some tea. The magistrate decided that, on the balance of the evidence, Motata was guilty of drunken driving.

This case has dragged on for over two years with Motata trying every trick in the book to save his miserable skin. The probable reason it has dragged on for that long is that Motata doesn’t have to pay his own legal fees. The good old taxpayer coughs up. The photographs taken at the time of the crash and reproduced in newspapers this week show a dazed looking man slumped behind the wheel of a car with a broken wall behind him. His eyes are glassy, his jaw slack and he looks completely pissed. But just because he looks like a drunk doesn’t mean he is one. Fortunately the owner of the house had the presence of mind to record some of Motata’s drunken ranting. As all good drunks are, he was belligerent towards the police and he was particularly belligerent towards Mr Baird, throwing in a few racist insults just for good measure. So how is it that, with overwhelming evidence to suggest that Motata is a drunk and a belligerent racist, the case takes so long to come to finality?

The only possible reason is that there is one system of law for the common man and another for those who are connected. One wonders what Judge Motata would have made of a case before him in which the accused is obviously abusing the legal system to escape justice. Judging by his own behaviour it probably wouldn’t bother him. The really interesting question though is how a buffoon like Motata ever came to be a judge in the first place. He clearly doesn’t have a very high regard for the law since he is prepared to lie in court. He must be a beneficiary of the new quota system which insists that the bench is demographically represented, irrespective of quality. No doubt Motata will be looked after by the system and allowed to screw even more money out of the taxpayer for doing a lousy job of work.

Motata is small fry though compared to the grandly named Cape Judge President John Hlophe, another belligerent racist and regarded by many lawyers as a disgrace to the legal profession and a threat to the reputation of the judiciary. There are so many dark clouds hanging over Hlophe that it would be unfair to pick one over the other. What does seem certain is that he has a flexible set of personal morals which don’t really accord with his position in the legal profession. Again, one marvels at a system that allows a man like this to rise to high office.

A body called the Judicial Services Commission (JSC) recently decided not to institute a formal enquiry into Hlophe’s peculiar behaviour. I don’t know much about the JSC but it appears to be made up of a group of eunuchs whose job it is to rubber stamp decisions from above. It was perfectly obvious to anyone with no legal training that Hlophe’s behaviour should be fully investigated and yet the learned members of the JSC decided not to institute a formal enquiry. Maybe we need a public enquiry into the individual members of the JSC just in case they are being “looked after”.

Fortunately there are still some members of the legal profession who are concerned enough to do something about the systematic undermining of the judiciary by political appointees. Respected former Constitutional Court judge Johann Kriegler wants a judicial review of the JSC handling of the Hlophe affair.

The sad thing about all the above is that the average South African finds such debate boring and elitist. Which is precisely why racist bullies like Motata and Hlophe are able to undermine the system and use it for their own ends. Thankfully people like Johann Kriegler and Richard Baird are prepared to stand up and fight for what they believe to be fair. They will obviously be called racists by the vermin they seek to protect us all from but I doubt if that will deter them. They are brave men. Wouldn’t it be wonderful if big business could grow balls one day and tell racists like Jimmy Manyi what to do with his hare brained social engineering schemes?

Richmark Sentinel - David Bullard

2 Opinion(s):

Anonymous said...

Judge Kriegler has never nor will he ever be a racist. He was and very much still is a great thinker and not a babbling "old man" as the likes of Moroka are trying to lable him with and consequently discredit him by. He and the late judge Leveson were the first two Lawyers for Human Rights or anti-apartheid activist advocates appointed to the bench of the WLD. Talk about biting the hand that feeds you. Black people (horrible generalisation and there are thousands of exceptions -but millions of non-exceptions) do not like criticism - when they are in power - be it as a big or a small "Meneer" - they like to do the thinking and the herd must follow - no questions asked. If a white man criticizes anything a black man does it is ipso facto racist and this will never change. Judge Kriegler questioning of the Hlophe payback and casting doubts at the "altar of transformation" is racist. Caster's gender neutrality is of course another recent example of white racism. Huntley is of course the current supreme racist - black-on-white crime is but a pigment (pun intended) of Huntley's imagination - ask Modise and Kie who are going to try and bully the Canadian government into their way of thinking. Can you imagine what would happen to poor Huntley's life if the ANC were to succeed in overturning the refugee status afforded Huntley by the Canadian government and he were to return to South Africa - I think JM will act in person as the Robin Hood and murder him.

I say unto all you whites still living in South Africa "The time has come" as the Owl said to the Pussycat to check your passports and get yourself an exit door from that country.

Anonymous said...

@ anon 6:58, nicely articulated and agree 100%.