Quote of the week

The judgments are replete with the findings of dishonesty and mala fides against Major General Ntlemeza. These were judicial pronouncements. They therefore constitute direct evidence that Major General Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy the position of any public office, not to mention an office as more important as that of the National Head of the DPCI, where independence, honesty and integrity are paramount to qualities. Currently no appeal lies against the findings of dishonesty and impropriety made by the Court in the judgments. Accordingly, such serious findings of fact in relation to Major General Ntlemeza, which go directly to Major General Ntlemeza’s trustworthiness, his honesty and integrity, are definitive. Until such findings are appealed against successfully they shall remain as a lapidary against Lieutenant General Ntlemeza.

Mabuse J
Helen Suzman Foundation and Another v Minister of Police and Others
11 January 2009

Judicial transformation and Justice Cameron

Last year Supreme Court of Appeal judge Carol Lewis created a storm when she seemed to suggest that racial transformation of the bench had led to a lowering of the quality of judgments issued by High Court judges. It was therefore interesting to see that newly appointed Constitutional Court Justice Edwin Cameron made similar remarks in an interview in today’s Sunday Times:

“Judges, black and white, are troubled by some of the judgments we’ve seen coming from the high courts,” he says carefully, mindful of the fire storm his colleague, Judge Carole Lewis, triggered recently.

She criticised the quality of judges, suggesting that the problem arose when political connections and race took precedence over merit in appointments to the bench. Does Cameron agree?

“Let me phrase this carefully,” he says, sounding like he’d much rather be playing beach ball with the children whose shrieks of joy are loudly audible in the background. “I think that she rightly signalled a widely held concern.

“Being a judge is a tough job technically, a tough job emotionally, a tough job intellectually, and we need tough men and women who can do it.”

Why aren’t they being appointed?

“It’s the tension between racial and gender transformation and technical ability.”

Has transformation been pushed too quickly?

Long pause. “I’ve got to give you an answer with integrity that doesn’t dance between the egg shells …

“I think the goals aren’t incompatible,” he says after another pause. “But I think more attention has to be paid to the tough technical and personal capabilities required of a judge.”

After 1994, racial transformation was “an imperative. If the bench had remained overwhelmingly white after 1994 we would have had a political problem. Now we’ve got a technical output problem.”

Yet I suspect these comments will illicit far less unhappiness because Cameron makes clear that he thinks transformation and technical expertise on the bench are not incompatible. Unlike Lewis, whose remarks could have been interpreted as racist because it suggested that black lawyers were inherently incapable of mastering the kind of technical legal issues required to be a good judge, Cameron shows he is acutely aware of the racial politics in our country and signals this clearly in the interview.

Maybe demonstrates the difference between a garden variety white liberal on the one hand, and someone like Cameron on the other, who has done work for the National Union of Mine Workers and has a keen understanding of the racial injustices in our country.

Perhaps this kind of sensitivity is also strenghtened if one is an outsider – gay and HIV positive? It will be interesting indeed to see how Cameron deals with the difficult gender issues that the Court might be faced with: a clash between gender equality and polygamy, say! I suspect on these social justice issues Cameron will be closer to Sachs, O’Reagan and Mokgoro, than to Ncgobo and Skweyia – despite being quite a traditional black letter lawyer.

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