Allegations that a senior Eastern Cape judge used insulting and racist language towards a high court employee have been referred to the Judicial Conduct Tribunal for investigation.
The Judicial Service Commission’s (JSC) judicial conduct committee recommended this week that high court judge Belinda Hartle’s alleged conduct be referred to the tribunal.
In its formal Section 16 ruling, the committee, consisting of deputy chief justice Dunstan Mlambo, retired judge Chris Jafta and Supreme Court of Appeal judge Halima Saldulker, said if the complaint was established it would prima facie show that Hartle was guilty of gross misconduct.
The committee said the complainant, Thozamile Semekazi, a registry clerk at the high court sitting in Vincent, East London, said that in mid-May 2025 he had delivered case files to Hartle’s office.
He alleged that Hartle, apparently irritated by the delay in the delivery, had sworn repeatedly and also used the K-word.
He also reported a criminal complaint of crimen injuria against Hartle but the National Prosecuting Authority declined to prosecute.
This was confirmed by Semekazi on Thursday.
He declined to comment further, referring the Dispatch to the JSC and his attorney, Ntsikane Mtshabe, who could not be reached for comment.
Hartle has emphatically denied using the K-word in her interaction with Semekazi.
It is my sharp rebuke that must have upset him.
— Judge Belinda Hartle
In his submission to the judicial conduct committee, Semekazi said the alleged conduct was belittling, humiliating and discriminatory and had made him feel “inadequate and foolish”.
He said any person using the K-word “is not fit to be part of the current South Africa, unless and until that person undergoes extensive rehabilitation”.
The judicial conduct committee report said: “As a result of the [alleged] humiliation and demeaning conduct of the respondent, the complainant says he suffered a major depressive disorder which was diagnosed by a psychiatrist who admitted him to hospital for treatment.”
In her submission to the judicial conduct committee, Hartle said Semekazi had grossly misrepresented their interaction.
“In my brief interaction with Mr Semekazi, who I did not expect to be seated in my secretary’s office when I entered to inform her of the status of the trial I was hearing, I did inform him very firmly that I would not be accepting the chair load of files that was standing in the entrance [to the] office.
“It is my sharp rebuke that must have upset him. When I turned to leave [the] office, he remained casually sitting.
She said she had used a “single expletive”.
“I hardly had time to consider who was present in her office before the word had slipped out.
“I immediately apologised to Mr Semekazi, saying I was sorry for the word.”
According to the judicial conduct committee report, Hartle admitted to having used a swear word, but denied that it was directed towards Semekazi.
“Curiously, she does not tell us which word she used but disputes ever using the K-word,” the report said.
“Without any substantiation, she surmises that the complaint constitutes an attempt to undermine her work and destroy her.
“She complains that the complaint was leaked to social media in violation of the confidentiality principle applicable to such matters.
“Lastly, she accuses the complainant of laying a bogus criminal charge against her with the police.”
The office of the director of public prosecutions (DPP) in the Eastern Cape has declined to prosecute, for now.
— NPA spokesperson Luxolo Tyali
The judicial conduct committee confirmed that it did not look into the merits of the complaint against Hartle but considered whether it should be referred to a tribunal.
It said the merits would “be properly considered by the tribunal, if one is appointed”.
The judicial conduct committee would forward its recommendation to chief justice Mandisa Maya, and might also inform President Cyril Ramaphosa of its recommendation.
NPA spokesperson Luxolo Tyali confirmed on Thursday that a decision not to prosecute the crimen injuria complaint had been taken in November.
“The office of the director of public prosecutions (DPP) in the Eastern Cape has declined to prosecute, for now.
“That decision is, however, still subject to a review by the office of the deputy national director of public prosecutions.
JSC spokesperson advocate Sesi Baloyi had not responded to questions sent by the time of publication.
If the JSC decides to investigate the judicial conduct committee’s recommendation, Hartle will be the second Eastern Cape judge to appear before the tribunal in recent months.
Eastern Cape judge president Selby Mbenenge has spent months before a JSC tribunal defending himself against serious allegations of sexual harassment.
The tribunal has not yet delivered judgment in the Mbenenge matter, which was stood down in November.
On Thursday, Hartle’s husband, freelance journalist Ray Hartle, described the allegations against his wife as “scurrilous and defamatory”.
He said they emanated from people who were not happy with his writing around alleged corrupt activities at the Mthatha court, where the complainant previously worked.
Mbekezeli Benjamin, spokesperson for judicial watchdog Judges Matter, said while the allegations against Hartle were unproven, they were “extremely serious”.
Benjamin said the judicial conduct committee recommended a judicial conduct tribunal investigation “in the most serious cases of [alleged] gross judicial misconduct”.
“If … the JSC finds the judge guilty … an impeachment usually follows.
“It is worrying that Judge Hartle [may] be the fifth judge at the present moment who is facing a tribunal investigation.
“The fact that this is a judge of the troubled Eastern Cape high court division does the province no favours.
“This is the second case since 1994 that a judge will face a tribunal over allegations of racism.
Daily Dispatch
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