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.
I am a judge of the high court of SA based at the Johannesburg court (South Gauteng Division). I have read (Sunday Independent, October 24) the comments by Tlali Tlali, spokesperson for the Department of Justice, to the effect that the facts presented, and the opinions expressed, by Judge Neels Claassen of this division, concerning the state of the library at the Johannesburg High Court, are neither accurate, true nor well founded. It is suggested that Judge Claassen made comments which are not only “false” but “glaringly false”.
I am qualified to comment. First , I use that library to the extent that it remains possible. I can personally bear witness to much, if not all, of that to which Judge Claassen has brought our attention. He is correct — the library no longer functions to the professional standard expected in a high court, let alone in a private law firm or group of advocates’ chambers.
Second , I know the hard work and enthusiasm which Judge Claassen has brought, over many years, to maintenance of the library, which exists for the benefit of judges, practitioners and the public. Neither his personal knowledge nor his integrity can, in any way, be doubted.
Since it appears that Mr Tlali has no real knowledge of the state of affairs at the Johannesburg High Court, I would invite him to view the following: air-conditioning in courts operates erratically, if at all, with the result that there is insufficient oxygen in courtrooms requiring concentration and intellectual endeavour; elevators which frequently don’t work, requiring the public and practitioners to climb flights of stairs; lavatories which are often unfit for use; a telephone system without voice-mail and where telephones cannot communicate to adjacent offices; electronic security which has not operated for years and security which is either non- existent or inadequate; stairs begrimed with dirt and “cleaners” who are not provided with scrubbing brushes or cleansing liquids; archives where records lie in no particular order on shelves and sometimes on the floor; a registrar’s office where we are daily advised that court files containing pleadings are “missing”; inadequate and outdated computer technology; sometimes shortages of stationery; some judges working for lengthy periods without computers. The list is endless.
Litigating members of the advocates and attorneys profession, the litigating public and members of the judiciary can attest to these inadequacies.
No one with any experience of this high court can dispute that the entire system has been creaking to a halt over the last few years. It is thanks to a few dedicated persons, such as Judge Claassen, that the biggest and busiest high court in the country continues to creak at all.
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