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Judges to get diversity training
21/10/2005 17:20 - (SA)
Cape Town - South Africa's top judges have recommended in their long-awaited report on racism and sexism in their profession that all members of the judiciary undergo diversity training.
In a report released on Friday afternoon, they also laid out a blueprint for racism and sexism complaints committees in each of the country's higher courts, plus a national dispute resolution body.
The report said tensions in the Cape provincial division were being dealt with by a "facilitation process" which had already resolved some issues.
The report was compiled by the Heads of Courts, a body consisting of High Court judges president, the head of the Supreme Court of Appeal, and other senior judges under the chairmanship of Chief Justice Pius Langa. Judge Hlope
It is based on the findings of a subcommittee of judges set up in April this year following Cape Judge-President John Hlophe's claims of racism among judges in his division.
Last year, Hlophe sent a 43-page report to Justice Minister Brigitte Mabandla alleging that black judges who made mistakes were ridiculed; that black judges were told to stop speaking Zulu to each other in the chambers of a white judge; and that whites-only lunches were being held.
Earlier this week an uneasy truce was declared in a dispute over fresh claims that Hlophe himself had labelled a white attorney a "piece of white shit" - a claim Hlophe has denied.
Half the judges in Hlophe's division last week signed a statement saying they believed he was the victim of a campaign by "unknown forces".
The Heads of Court said in Friday's document that education and training were crucial in advancing the transformation of the judiciary.
"Apart from being a useful fast-tracking device, judicial education and training is beneficial not only to aspirant and newly appointed judges but also as a refresher facility for judges with considerable experience on the bench," they said. Judicial training
Judges' oath of office bound them to uphold the constitution and the human rights entrenched in it, and it was clear that allegations of racism and sexism went to the heart of this judicial commitment and responsibility.
"It accordingly makes sense for the entire judiciary to embrace the concept of judicial training, of which diversity training is a part, in order to correct the legacy of that past and to fulfil the requirements of transformation."
However, they warned that government would have to make funds available for this.
The report said all judges "on a voluntary basis" should take part in a programme on the meaning of transformation of the judiciary, which would deal directly with racism and sexism in the court system.
A pilot workshop, including about 20 judges from different divisions, should be conducted as soon as possible.
A training programme should also be set up for heads of courts and their deputies, dealing with issues such as hierarchical power, control of information by those in power, decision-making and empowerment of women. Cape division
In addition to the specific workshops, there should be ongoing diversity training. Facilitation
As far as the tensions in the Cape division were concerned, the issues were being dealt with by "a process of facilitation designed to repair divisions amongst colleagues".
"Some of the issues raised have been resolved through such processes. In regard to others, the process of facilitation is still continuing."
A judge president from "another division" was the current facilitator.
"The Heads of Courts urge all the judges in the division to approach this exercise constructively with a view to emerging from it as a united judiciary able and eager to work together," the report read.
The report also set out detailed dispute resolution guidelines for dealing with complaints of racism or sexism, starting with discussions between individual judges. Women It called for the establishment of committees of judges in each higher court, and of a national committee to deal with complaints that the local committees were unable to resolve, or with complaints against heads of courts.
Noting that the leadership of the judiciary was almost entirely male, the Heads of Court said government could play a role by ensuring there was a large pool of black and female legal practitioners who were suitable for appointment as judges.
"Creative" briefing practices, to help these groups acquire experience of the "cut and thrust" of legal practice in areas to which they might not be normally exposed, would go a long way towards this.
This should be implemented as policy by government departments and parastatals, and monitored by a committee.
- SAPA
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