JSC puts Facebook judge on special leave

By Drum Digital
10 May 2016

The Judicial Service Commission (JSC) has asked Minister of Justice and Correctional Services Michael Masutha to put controversial Judge Mabel Jansen on special leave pending an investigation into her conduct.

Jansen has come under fire after a Facebook chat, in which she expresses her belief that rape is part of African culture, was made public on Sunday. The conversation was in response to a post by activist Gillian Schutte, who claims that she laid a complaint against the Gauteng High Court judge with the commission last year.

However the secretariat of the JSC said it was acting in response to a complaint lodged by Advocate Vuyani Ngalwana, SC, in his capacity as the Chairperson of the Advocates for Transformation (Johannesburg) and also in his personal capacity with the Judicial Conduct Committee (JCC).

According to the statement released by the commission, all judges are subject to the code of judicial conduct. The statement read, “ A complaint of alleged misconduct against a judge can be lodged with the JCC by way of an affidavit or an affirmed statement specifying the nature of the complaint and the facts on which the complaint is based. Such a complaint will then be dealt with by the JCC in terms of the JSC Act.”

The JSC has urged the public to allow that process to run its course and to remain confident that the JCC shall deal with the matter in a just and proper manner.

Among the controversial remarks attributed to the judge is a statement that black “mothers are so brainwashed they tell their children that it is the father’s birthright to be the first” and that she has not a met a 12-year old black girl who has never been raped.

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