The unhappy fact that it is journalists, investigating organs of state and officialdom and the political class and their involvement in corrupt practices to loot the State’s resources, who, by so doing, attract the attention of powerful and influential persons who are capable of suborning the apparatus of the State to smell out their adversaries, cannot be ignored. The examples of abuse of the system have been addressed elsewhere in this judgment. Moreover, the respondents’ perspectives assume that the designated judge is not lied to and is diligent… In my view, in the absence of a rebuttal, this example illustrates a grave vulnerability in RJCA that such an apparent abuse could occur. The common cause examples of blatant lies being told to the designated judge further exacerbates the vulnerability of the system.
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