Rob Peterson 20th June 2009
This is an extract of a letter circulated by Rob Peterson which raises some interesting issues regarding the Justice Hlophe saga.
[…] some elementary thoughts:
1) What is quite striking about the Hlophe camp (from which he in no way dissociates himself) is its nakedly political campaigning character. This is actually their Achilles heel. While (as you well know) all judges have their politics, and while the continued existence of old-boy network politics within the judiciary cannot rightly be denied and should be identified and confronted by all of us, it is surely a matter of grave concern for the future of constitutional order in this divided country that the individual holding of judicial office becomes the subject of political campaigns. The supposedly “independent” judiciary is then to be fought over and devoured by rival ravening wolves. Is that the way in which transformation of the judiciary is to proceed? Any JSC which in its recommendations, and any President who in his or her appointments, were to give the slightest opening to such a development would be threatening the future independence and integrity of the entire judiciary in a most fundamental way. Confronted clearly and openly in this way, the threat can surely be defeated.
2) The politics of the Hlophe camp is an increasingly explicit racial nationalism, which is altogether at odds with the inclusive “South African” nationalism articulated, for example, by President Zuma in his State of the Nation speech. While I am not a nationalist of any stripe, I do think it is important to recognise that nationalists are not all the same. Zuma’s entire strategy for the success of his administration depends on holding South Africa together and pursuing its continued modernisation in the global context by emphasising progressive delivery and social issues over those of racial division. This does not mean that the race card will not be played – but which party does not play the race card in some form either on or under the table? At the present time at least, the Zuma administration emphasises the non-racial tradition of the ANC in the Madiba manner. The politics of the Hlophe camp, which turns to outright racial raving at the slightest pretext or provocation, is diametrically opposed to this tradition. The alleged comparison between Hlophe and Zuma does not stand scrutiny as soon as one penetrates even a millimetre beneath the surface. This must be clearly exposed in detail. It seems to me that the more the Hlophe camp politicises its campaign, the more this will be exposed. I would like to see more frothing at the mouth on their part until it becomes a terrible embarrassment to anyone who might ever think of actually appointing their candidate.
3) I happen to think that the judiciary remains greatly in need of transformation, not merely in terms of gender and ethnicity, but in terms of social attitude. The great majority of black people see or sense this. The self-satisfied smugness of the liberals (whose underlying constituency is property and privilege) leaves the field of so-called “transformation” to the likes of Hlophe and the pro-Hlophe gang. This is a crying shame. That said, however, let us ask what it is precisely that the latter wish to transform. In what way precisely is it suggested that the Constitutional Court and the office of Chief Justice (positions for which Hlophe is suggested as a candidate) require to be transformed? What precisely is wrong with the judgments of the Constitutional Court judges since that institution began? — (in fact the whole sequence of constitutional judgments has been overwhelmingly progressive). What precisely has been wrong with the conduct of the individuals who have held the office of President of the Constitutional Court or Chief Justice under the Constitution, which requires to be “transformed”? – (in fact the whole country is overwhelmingly in their debt). Isn’t “transformation” here obviously just a mask for eliminating whatever obstructs the political and career ambitions of Hlophe and those clinging to his coat-tails? By focussing the transformation issues properly, we can render what is obvious to us obvious to all.
4) The trendy journalists, in their eagerness to make the reader’s heart flutter, should stop talking the man up. He is not going to succeed — unless he is allowed to do so by passivity or blunders on our side.
June 22, 2009 at 10:35 pm
The statement about the “political” of pro-Hlophe people is at best hypocritical and at worst self-serving. When a senior advocate like Hoffman refers to Hlophe in racially derogatory terms and asks what the ‘hell” Hlophe thinks he is and when an all white group from law faculites of 3 universities and organized bar all combine to campaign for Hlophe’s ouster, it is very stupid to suggest that those who counter their strategies and stand up for Hlophe are doing anything wrong or being “political”. Peterson is a complete idiot
June 22, 2009 at 10:35 pm
The statement about the “political” of pro-Hlophe people is at best hypocritical and at worst self-serving. When a senior advocate like Hoffman refers to Hlophe in racially derogatory terms and asks what the ‘hell” Hlophe thinks he is and when an all white group from law faculites of 3 universities and organized bar all combine to campaign for Hlophe’s ouster, it is very stupid to suggest that those who counter their strategies and stand up for Hlophe are doing anything wrong or being “political”. Peterson is a complete idiot
August 24, 2009 at 4:31 pm
It is very interesting to note that the likes of Peterson are accusing our organisation for standing up against the “criminals” in the WC which are trying to end Justice Hlophe’s career. We are saying NO to the hypocrisy being at play. When the ConCourt and the JSC violated JP Hlophe’s rights, the Petersons of this world were quite. When the ConCourt issued the complaint against JP Hlophe to media and to the DA (as per Mojapelo judgement) none of you said a word. We are not a political party we a non profit organisation that seeks justice for JP Hlophe. Should any member of our society be isolated and discriminated against for his or her beliefs, we are there for them!
August 24, 2009 at 4:31 pm
It is very interesting to note that the likes of Peterson are accusing our organisation for standing up against the “criminals” in the WC which are trying to end Justice Hlophe’s career. We are saying NO to the hypocrisy being at play. When the ConCourt and the JSC violated JP Hlophe’s rights, the Petersons of this world were quite. When the ConCourt issued the complaint against JP Hlophe to media and to the DA (as per Mojapelo judgement) none of you said a word. We are not a political party we a non profit organisation that seeks justice for JP Hlophe. Should any member of our society be isolated and discriminated against for his or her beliefs, we are there for them!
July 3, 2010 at 9:25 pm
there are lots of social issues that we face these days due to hardships and disease.`,,
July 3, 2010 at 9:25 pm
there are lots of social issues that we face these days due to hardships and disease.`,,
July 29, 2010 at 8:01 pm
there are lots of social issues these days mostly due to our culture and economic situation’~”
July 29, 2010 at 8:01 pm
there are lots of social issues these days mostly due to our culture and economic situation’~”
September 28, 2010 at 6:15 am
there are many social issues today that bothers us, hope we can solve everyone of them`”‘