Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
Recent controversies around the Bench and the Bar have highlighted the significance of race and existing patterns of power and privilege within the legal system and profession. Yet public debates seldom explore these issues explicitly. Discussions often end in a stalemate, where views are predetermined along racial lines, and where assertions of racism are countered by calls to reward merit or experience. The time has surely arrived to transcend these tired arguments and explore a new transformative vision of the legal system. In this, we need to acknowledge and confront the institutional and cultural structures that perpetuate racialised privilege and marginalisation. We also need to move beyond those narratives which are determined by our Apartheid past to confront the issues which threaten the profession and the legal system at the moment.
The panel discussion will be facilitated by Judge Dennis Davis. Our panellists are Mr Tshepo Madlingozi from the University of Pretoria, Dr Adila Hassim from the AIDS Law Project, Mr Tembeka Ncgukaitobi from the Legal Resources Centre and Advocate Sharise Weiner from the Johannesburg bar. Refreshments will be served after the event.
Date: Thursday 26 November 2009 at 17:00‐19:00.
Venue: Auditorium, Chalsty Centre, Oliver Schreiner Building, School of Law, University of the Witwatersrand, Johannesburg.
Kindly RSVP to Hafiza.Wadee@wits.ac.za by 23 November or tel 011‐717‐8412.BACK TO TOP