Black lawyers join racism row

2005-02-15 22:37

Johannesburg - The Black Lawyers Association (BLA) has distanced itself from a statement made by the Cape Bar Council on Monday reacting to allegations of racism in the Western Cape judiciary.

On Sunday, City Press newspaper reported that Justice Minister Brigitte Mabandla had in her possession a report which contained several allegations of racism.

These include an alleged incidence of a white judge telling his black colleagues that black people had corruption in their genes.

The 43-page document was compiled by the Cape provincial pivision Judge-President John Hlophe.

In a joint statement with the General Council of the Bar (GCB), the Cape Bar Council denied the allegations.

It pointed out its support for Hlophe's appointment in March 2000 as an example of its dedication to transformation.

The council said it was "unfortunate" that Hlophe should apparently have over the years kept a growing catalogue of perceived complaints concerning members of the Cape Bar, rather than raising them with the Bar Council as and when they happened.

BLA distances itself

A statement issued by advocate Dumisa Ntsebeza, chairperson of BLA Western Cape branch, said on Tuesday: "The BLA, including those members who serve in the Cape Bar Council, distances itself from the statement issued by GCB and the Cape Bar Council.

"This is because the BLA was not consulted properly.

"In any event, their preferred route would have been to seek an audience with Judge-President Hlophe before condemning him in the media."

Glossed over in the past

The statement said issues of transformation and racism in the profession were real and that its members were not prepared to "gloss over the subject".

"To deny there is racism in the procession is a negation of history.

"The BLA cannot be party to a reformist approach to a debate that should no longer be part of serious public discourse in a post-democratic South Africa."

BLA said the subject was nonetheless one that still needed thorough discussion "precisely because it has been glossed over in the past decade".

On Monday, Chief Justice Arthur Chaskalson announced the appointment of a subcommittee to investigate racism allegations in the Cape High Court.

He said he had asked the committee to give urgent attention to the matter and report to the heads of courts as soon as possible.

- SAPA