There is no God - would-be judge

2009-07-21 13:30

Cape Town - An Eastern Cape candidate judge caused a stir before the Judicial Services Commission (JSC) on Tuesday when he told members he left priesthood for the law because he concluded there is no God.

Senior Counsel Torquil Paterson told the JSC: "I left the church for a variety of reasons, chief among them being that I realised God does not exist. I am an atheist."

Paterson, whose lengthy theological studies included a stint at Oxford University, explained he had eventually come to the conclusion that "all language of God is meaningless".

Justice Minister Jeff Radebe was left perplexed and asked: "So what you read in the Bible about the beginning does not exist? You do not believe that we were created in the image of God?"

"Minister you may believe that, I don't," Patterson responded.

Not a Marxist either

Radebe insisted, to rare laughter at the JSC 's interviews of aspirant judges: "If God does not exist, are you a materialist, a communist, a Marxist?"

Paterson denied that he was any of those, adding: "It is a quite difficult to find a real Marxist".

Then what about Hegel, Radebe wanted to know. The advocate launched into a brief history of German philosophy before stopping himself.

"This is not really the place for a seminar."

Advocate Dumisa Ntsebeza, one of President Jacob Zuma's new appointees to the JSC, declared he was both an atheist and a Marxist. He then launched a scathing attack on Paterson for having failed to join Advocates for Transformation (AFT). Ntsebeza is the national chairperson of the organisation.

Transformation

Paterson said he knew members of the AFT, but had not become a member because he believed its aims were adequately covered by the efforts of the General Council of the Bar to help black law graduates. He had recently had two black lawyers in tutelage, he added.

Ntsebeza demanded to know whether he had read the constitution of the AFT, and how, if not, he could presume to know its objectives.

"Your paternalism caused you not to find it in yourself to acquaint yourself with the constitution of the AFT," he said.

He went on to ask how Paterson's potential appointment as a judge on the Eastern Cape bench could possibly further transformation as he was white.

The advocate responded: "It is not fair and right and not in the interest of the judiciary that I say I cannot make the judiciary more black, therefore I will not put my name forward."

Demographics

Ntsebeza insisted, until the advocate conceded, that "the demographics would not be enhanced by appointing more white judges.

"That's all I wanted you to say," the former TRC commissioner said, at which point Chief Justice Pius Langa cut him off, and gave Paterson a change to respond in full.

"I'm being attacked so now I am going to attack. The AFT talks, it does not do," he said.

Transformation had been a recurring theme as the JSC interviews candidates in Cape Town over three days to fill 14 positions on the bench.

Earlier it was put to Paterson by Eastern Cape Judge President Cecil Somyalo that he had sought to end the career of a lawyer because he was black.

He denied the charge with little visible effect and finally found succour from JSC spokesperson, advocate Marumo Moerane, who told fellow members the lawyer had in fact stolen money from various people "including myself".

The JSC was to conclude its hearings later on Tuesday with interviews of five nominees for two positions in the Western Cape High Court.

- SAPA