Investigation launched into Judge Belinda Hartle's alleged racist remarks
A High Court Judge faces a tribunal hearing following allegations of using the K-word
Image: File
A Judicial Conduct Committee has recommended the appointment of a tribunal to investigate a racist complaint against Eastern Cape High Court Judge, Judge Belinda Hartle, who is alleged to have used the “K-word.”
The complaint was lodged by Thozamile Semekazi, an employee of the Office of the Chief Justice based in East London. Semekazi, with 23 years of service, alleges that on May 15, 2025, at the High Court in East London, he was delivering case flow management files to Judge Hartle's secretary's office when the judge entered.
According to Semekazi, the judge, upon being informed of his purpose, allegedly uttered the following expletives: “F**k You, p**s man,” repeatedly, and then, “I am tired of Mafala’s staff, bloody f******g K****.”
Semekazi claims the Judge's secretary was present and appeared amused.
“The judge belittled me; she made me feel inadequate and foolish. Judge Hartle humiliated me,” he said.
He also stated that Judge Hartle later sent him WhatsApp messages apologising.
Semekazi was subsequently diagnosed with a major depressive disorder, admitted to the hospital, and granted extended medical leave on the recommendation of a psychiatrist.
In her response, Judge Hartle admitted to using a swear word but denied that it was directed at Semekazi, accusing him of grossly misrepresenting their interaction. She alleged that the complaint was an attempt to undermine and destroy her work.
Furthermore, she accused Semekazi of violating confidentiality by leaking the complaint to social media and laying a bogus criminal charge against her with the SAPS.
Deputy Chief Justice Judge, Dunstan Mlambo, noted that the committee was not tasked with determining the truth or merits of the complaint at this stage. He pointed out that while Judge Hartle admitted to using a swear word, she failed to specify which word.
Judge Mlambo emphasised that a racist Judge has no place in the judiciary, referencing case law that deprecated the use of the k-word, even under the apartheid regime.
Quoting the case of Puluza Van Rensberg J and Jenneth AJ, he stated: “When a black man is called a k**** by somebody of another race, as a rule the term is disparaging, derogatory and causes humiliation.”
Judge Mlambo concluded: “The public cannot have confidence that a racist judge would administer justice fairly and justly when a person from the race he or she despises is a litigant. We are satisfied that the complaint, if established, will prima facie show that the respondent is guilty of gross misconduct.”