The Office of the Chief Justice has expressed “disappointment and disapproval” of the “racially charged comments” made by former Public Protector Advocate Busisiwe Mkhwebane.
In a statement issued on Friday, (4 October 2024), the Office of the Chief Justice said: “The Judiciary has noted with disappointment and disapproval the racially charged comments made by former Public Protector and Economic Freedom Fighters (EFF) Member of Parliament, Adv Busisiwe Mkhwebane, directed at Supreme Court of Appeal Judge, Justice V. Ponnan”.
Advocate Mkhwebane had said on X (formerly Twitter), that prominent persons, predominantly of Indian ethnicity, had positioned themselves as her persecutors.
The statement attributed to the spokesperson for the Judiciary Judge President C Musi, added: “While those who bring matters before the Courts are within their rights to express views divergent from those expressed by the Courts in their matters, a degeneration of discourse into racially charged comments is unacceptable and will not be tolerated”.
The statement said South Africa is founded on the values of human dignity, the achievement of equality and the advancement of human rights and freedoms, non-racialism and non-sexism, supremacy of the constitution, and the rule of law, as affirmed in the Constitution of the Republic.
“When Judicial Officers take office, they swear/solemnly affirm to be faithful to the Republic of South Africa, uphold and protect the Constitution and the human rights entrenched in it, and administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law,” the statement.
“Any suggestion that a Judicial Officer has failed to uphold this oath of office is a serious accusation that must be reported to the Judicial Service Commission (JSC) for investigation.
“However, unsubstantiated allegations of racial bias against members of the Judiciary are extremely inappropriate and will not be tolerated.
“The South African Judiciary is independent and subject only to the Constitution and the law, which it will continue to apply impartially and without fear, favour or prejudice.”
