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Senior Advocates Protest in Parliament on Prejudicial Treatment of Black Advocates

On 10 November 2022, Ngalwana SC and Sikhakhane SC presented a statement to Parliament following what they regard as a prejudicial manner in which evidence leader, Nazreen Bawa SC, presented evidence ostensibly of the Public Protector’s alleged fruitless, wasteful and unauthorised expenditure on litigation costs.

The impugned evidence was presented by Bawa SC on 2 November 2022 during a parliamentary committee process which is established in terms of section 194 of the South African Constitution to consider the incumbent Public Protector’s fitness for office.

The evidence can be accessed here Committee for Section 194 Enquiry, 02 November 2022 and the relevant part begins at about 6 hours 50 minutes to about 7 hours 30 minutes of the recording.

Bawa SC apologised for this conduct in Parliament and in the presence of both Ngalwana and Sikhakhane on 10 November 2022. The apology can be accessed here Committee for Section 194 Enquiry, 10 November 2022 and the relevant part begins at about 22 minutes 25 seconds to about 42 minutes 25 seconds of the recording.

But on 11 November 2022 – the very next day following the tabling of the protest statement and her apology in Parliament – Bawa SC repeated her conduct. She claimed to be “in the hands of the committee” in doing so (which is an abdication of her professional duty and this forms part of the basis for a professional complaint against her to the Legal Practice Council).

The repetition of the impugned conduct can be accessed here Committee for Section 194 Enquiry, 11 November 2022 and the relevant part begins at about 47 minutes to about 1 hour 3 minutes of the recording.

At the conclusion of the section 194 parliamentary process, the parliamentary committee will then recommend to Parliament whether the Public Protector is, on the evidence presented, fit for office or not. Parliament will then consider the recommendation and, with at least a two-third majority, must decide whether the Public Protector is fit for office or not.

Watch the Full Oral Presentation to Parliament below, and read the Full statement.

By |2025-01-15T10:12:34+02:00December 1st, 2022|Legal Voices|Comments Off on Senior Advocates Protest in Parliament on Prejudicial Treatment of Black Advocates

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 5th Segment

In this Fifth Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through some of the more “controversial” aspects of his tenure as Judge President of the Western Cape High Court, including his accepting nomination as Chief Justice despite facing possible impeachment. We cover:

  • his view on Judicial Activism
  • his nomination as Chief Justice and his acceptance of that nomination despite criticism
  • his being “blocked” on each occasion the position of Chief Justice becomes open
  • his being “cleared” by the Judicial Conduct Tribunal
By |2025-01-15T10:12:35+02:00October 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 5th Segment

Who Is Judge President Mandlakayise J Hlophe : A Conversation – Bonus Segment 18 October 2021

In this Bonus Segment, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through some of the changes he would like to see if he were appointed Chief Justice. These include:

  • amalgamation of the SCA and the Concourt
  • his general aversion to the right of direct access to the Concourt
  • problems with the apex court acting as a court of first instance
  • his assessment of the nature of his relationship with colleagues on the Western Cape High Court bench and members of the Cape Bar
By |2025-01-15T10:14:20+02:00October 28th, 2021|Legal Voices|1 Comment

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 8th Segment 18 October 2021

In this Eighth Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through various issues of judicial nature that trouble him. We cover:

  • judicial matters that keep him up at night
  • his position on expressing a view on rumours that some Judges are “captured”
  • his view on why he has never been invited to Act as a Justice on the Constitutional Court
  • his (guarded) view on compulsory covid vaccination
By |2025-01-15T10:14:20+02:00October 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 8th Segment 18 October 2021

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 7th Segment 18 October 2021

In this Seventh Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through his Chief Justice ambitions . We cover:

  • the lost opportunity by the judiciary to testify at the Truth & Reconciliation Commission
  • his view that “apartheid was maintained by judges” who should have applied for amnesty
  • his view that judgments must be brief & easy to read and understand
  • his view that there should be more references to African jurisprudence than European jurisprudenc

and more …

The “Justice Mandlakayise Hlophe, the Activist” theme continues …

By |2025-01-15T10:14:20+02:00October 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 7th Segment 18 October 2021

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 6th Segment 18 October 2021

In this Sixth Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through some of the “controversial” aspects of his life as Judge President of the Western Cape High Court. We cover:

  • his acceptance of a nomination for the position of Chief Justice despite facing possible impeachment
  • his distinguishing attributes for the CJ berth
  • “caking”
  • his aversion to the common law, eg. the principle of subsidiarity, in a constitutional democracy
  • his aversion to pre-1994 judgments

and more …

The Mandlakayise Hlophe, the Activist theme continues …

By |2025-01-15T10:14:20+02:00October 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 6th Segment 18 October 2021

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 3rd Segment

In this Third Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through his early life on the Bench. We cover:

  • what triggered his move to the Bench – The Black Lawyers Association connection
  • a little anecdote about an application moved in isiXhosa before 2 Judges, neither of whom spoke the language
  • his experience as first black African Judge to be appointed and serve on the Western Cape Bench
  • his experience of racism in the Western Cape High Court – the Racism Report he submitted to the Minister of Justice Bridgette Mabandla
  • his views on private arbitration
  • govt role on briefing patterns
  • spirit of Black Consciousness

and more …

Now, we have entered the terrain of Mandlakayise Hlophe, the Activist Judge

and more …

The “Who is Muzi Sikhakhane?” theme continues …

By |2025-01-15T10:14:20+02:00October 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 3rd Segment

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 4th Segment

In this Fourth Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through some of the less placid waters of his tenure as Judge President of the Western Cape High Court. We cover:

  • his Judicial Philosophy – “Justice, Equity & Law Cannot be separated”
  • Judicial Restraint vs Judicial Activism

and more …

Meet Justice Mandlakayise Hlophe, the Activist

By |2025-01-15T10:14:20+02:00October 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 4th Segment

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 2nd Segment

In this Second Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through his life at university as a student, a lecturer, and a tutor at Cambridge University in England. We cover:

  • his doctorate in Administrative Law, supervised by Prof Baxter
  • his political education and consciousness at Fort Hare
  • his encounter with Ace Magashule as student leader (small world)
  • publication of his first law article in 1983 on Customary Law
  • teaching law at Natal University, Unitra (now WSU) and Roman Law at Cambridge University
  • students (now Judges) whom he taught at University, including Judge of Appeal, Petse
  • he taught at least 27 students who are now Judges

and more …

The “Who is Mandlakayise Hlophe?” theme continues …

By |2025-01-15T10:14:20+02:00October 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 2nd Segment

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 1st Segment

In this First Segment in a series of 8 interview videos, Judge President Hlophe  takes us through his life’s journey and takes us on a Rollercoaster ride in relation to:

  • childhood days
  • growing up in KwaDukuza, KZN
  • his favourite subjects at school – Biology and History
  • a graduate of Ohlange High School
  • a tough taskmaster Mom
  • his views on South African History as taught at schools

and more …

“Who is Mandlakayise John Hlophe?”

By |2025-01-15T10:14:20+02:00October 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 1st Segment
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