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Judge Gayaat Salie-Hlophe
- The complaints against Judge Gayaat Salie-Hlophe have been dismissed.
- According to the Judicial Conduct Committee, there was insufficient evidence to justify a formal investigation by a court.
- Salie-Hlophe was alleged to have improperly participated in the management of the Western Cape division, enjoyed preferential treatment and had made unjustified complaints against colleagues.
The complaints against the wife of Western Cape Judge John Hlophe’s presiding judge, Judge Gayaat Salie-Hlophe, have been dismissed after the Judicial Conduct Committee (JCC) determined that there was insufficient evidence to warrant a formal investigation by a court.
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Deputy Presiding Judge (DJP) Patricia Goliath filed the complaints against Salie-Hlophe.
“In relation to Judge Salie-Hlophe, the allegations were that she had assumed ‘enormous power’ in the division, causing some of the judges to be afraid of her and unwilling to openly raise any issues related to her; that he was (improperly) participating in the management of the court, the assignment of cases and the appointment of acting judges; that he chose which judges he would sit with on appeals, and that his (unjustified) complaints about certain judges to the JP (presiding judge ) had resulted in tense relations between the JP and the judges involved and the aggression mentioned in the previous paragraph, “said JCC judge Nambitha Dambuza.
The assault stems from allegations that Hlophe assaulted her colleague, Judge Mushtak Parker.
Goliath also alleged that other judges claimed that Salie-Hlophe was assigned fewer appeals on Friday compared to them, and that Salie-Hlophe complained about her colleagues at the bench.
According to the JCC, these were some of the cases in which Goliath alleged that Salie-Hlophe complained to the JP about her colleagues:
- He complained that Judge André le Grange refused to assign him a specifically requested parking space.
- She complained that Judge Pat Gamble excluded her from a lunch conversation.
- She complained of Judge Derek Wille’s alleged “inappropriate” conduct towards her, which resulted in successive circuit court assignments as punishment.
She did not reveal which judges complained, so the JCC was unable to follow up.
However, the JCC found that, aside from an assault matter, the allegations about Salie-Hlophe’s complaints and the negative effect of the complaints, hit a blank wall.
“Its fundamental problems were the absence of evidence on the content of the report and the fact that the judges involved either did not remember the facts to which the alleged complaints referred, or were not interested in participating in these processes. “said the JCC. .
When the JCC contacted the judges, many did not remember the incidents.
- Judge Gamble could not recall the incident in which he allegedly excluded Salie-Hlophe from a conversation.
- Judge Wille declined to respond to the allegations in light of his long-standing friendship with the presiding judge.
- Judge Le Grange confirmed that his relationship with Hlophe had deteriorated, but did not recall any problems about a parking lot.
“In the end, the only conclusion I can reach in this regard is that the relationship between the PC and some of the judges is strained. There may be rumors of dissatisfaction on aspects of the management of the division. There may also be an atmosphere of fear and apprehension among the judges of the division or some of them, ”found Dambuza.
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“But I cannot find that these emanate from misconduct on the part of Judge Salie-Hlophe. And, from the evidence provided by judges who were allegedly victims of Judge Salie Hlophe’s conduct, I am not convinced that a A formal (oral) hearing would provide more concrete evidence and contribute to the determination of the merits of the DJP’s complaint against Judge Salie-Hlophe. “
The JCC also concluded that, even if it were true that Judge Salie-Hlophe received preferential treatment, her enjoyment of it could not constitute a misconduct on her part.
However, the committee recommended that a court investigate the allegations made about Goliath in statements to the media, along with allegations that he attempted to influence Salie-Hlophe into bringing false criminal charges against Hlophe, encouraged Salie-Hlophe to divorce from Hlophe and referred to Hlophe as an “old black”.
“If in fact the DJP made the alleged statements, particularly the act of urging Judge Salie-Hlophe to bring false criminal charges against the JP, it seems to me that prima facie that would be a serious challengeable offense.
“Similarly, if Judge Salie-Hlophe falsely accused the DJP of saying these things, [t]This would also be a serious challengeable offense. Therefore, these aspects of the complaint must be investigated by a court, “said Dambuza.
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