Hlophe and Motata's innocence is not the primary issue

Once again we are being treated to the less than acceptable conduct of two judges who have failed to appreciate the importance of their position within our fledgling multiracial democracy. In the case of Judge Nkola Motata the accused in a drunk driving matter, he has been called upon by the magistrate to explain why his second set of attorneys have now withdrawn while Cape High Court Judge President John Hlophe is being sued by another judge for defamation.

Once again I feel obliged to point out that these two gentlemen occupy seats in our judiciary which requires standards that are way above those we expect from members of the public. A judge has to be seen to behave impeccably and any departure from the conduct demanded of this position is a cause for alarm. The reason is simple: These are the men and women who have been entrusted with the most important legal decisions concerning our country, its laws as well as the future of the individuals who live in or visit South Africa.

If they are to behave and be held accountable in the same way as we would an ordinary citizen then why would the man in the street feel any need to respect them and flowing therefrom obey their orders?

In the case of Motata we are dealing with a drunk driving charge which arose out of his vehicle ploughing into the wall of the complainant. The circus that went on after the crash then followed by the one that is ongoing in the magistrate’s courts would be fine if it were one of my recidivists who can’t stop drinking and is asking me to buy him time in court. It is, however, definitely not what we expect from a high court judge. I am not concerned with the innocence or guilt of the judge but rather the less than dignified manner he has treated certain members of the criminal justice system and the public. This is totally unacceptable from a South African judge.

In the case of Hlophe who seems to make a habit of being in the press relating to some or other charge or being sued, one can only wonder when this will all be brought to a head. In particular the allegations that a high court judge president might be guilty of trying to influence other judges in their decisions are breathtaking. Accordingly regardless of whether they are true or not we do not expect the judge concerned to highlight this disgusting episode in our judicial history by making a song and dance about whether he should return to work or not. What we expect is for that judge to very quietly and discreetly allow the system to deal with these most serious charges.

Because the judiciary not only ensures that the laws of our country are explained and observed and acts as a vital check and balance against abuses of power — judges being the most important part thereof — it is imperative that those who fulfil the function of a judge be measured in terms of extraordinarily high standards. Not only in order to ensure that they are respected and observed but because we need to know that they understand the importance of their role and carry it out with the due care and diligence it requires. The fact that they are judges means that they should possess the necessary legal skill.

Dropping our standards in respect of the judiciary will not result in a more humane legal system but rather a far shoddier product, which will ultimately result in inequity and hardship.