“There's nothing unique about the challenges facing this sector,” Goliath said at one point during the interview. (Photo: Judges are important)
The fault lines in the Western Cape High Court were on full display at the Judiciary Committee (JSC) on Monday when acting judge Patricia Goliath was interviewed for the vacancy created by the impeachment of John Hlophe. Ta.
Chief Justice Mandisa Maya told Goliath that she was concerned that the department was “notoriously troubled” and asked the commissioners what she would do to fix the department if promoted to the post. I asked him to inform the council.
Goliath resisted the idea that this was still the case. Instead, she sought to position the conflict as a result of Mr. Hlofe's 20 years as head of the department, and that it is now a thing of the past.
“There is nothing unique about the challenges facing this sector,” she said at one point, adding that the mistrust was untrue. Another time, she claimed: “The department is not disrupted. The water is calm.”
Goliath spoke about steps he had taken to increase cohesion on the court, saying the tea room “didn't exist” and reviving the tradition of meeting in the common room. She added that she has an open door policy and judges are free to meet at 9:30 a.m. without prior appointment.
When asked again by Maya what he would do if appointed, Goliath said he saw the interview as an opportunity to talk about “what I've been doing,” not what he would do.
The commissioners were not convinced by Goliath's assurances.
Maya said Goliath's difficulties were a contributing factor to the recommendations the commission received from fellow Western Cape High Court judge Rosheni Ally, who said the measures she introduced would “improve the running of the courts. I will destroy it,” he said.
“What is the situation, in fact? And if these accounts are true, what do you have in mind to correct them?” the presiding judge asked.
Goliath replied, “That's not the right thing to say.”
He has been in charge of the department for nearly two years since Mr Hlophe was suspended by President Cyril Ramaphosa at the end of 2022, pending the final determination of the serious misconduct charges he faced. He pointed out that there was.
“When I took over as acting chief judge, the department was in a dire state. There had been no jury meetings for six years, there was no tea room, and jury morale was low.”
She said she took immediate steps to restore harmony, including convening a panel of judges where everyone could express their opinions freely.
“I believe that I have worked hard, taken steps to create a conducive environment for service and have done everything to the best of my ability.In the almost two years that I have led the department, I've never had a bad review about it,” Goliath said.
She added that Ally's objection to the way urgent matters were assigned, on the basis that it would affect colleagues who were dealing with urgent and semi-urgent matters, was unfounded.
“That statement is completely false…there is no connection between the two.”
Maya pointed to further concerns, including the lack of minutes being taken at judicial meetings, undermining the importance of continuous court appearances and impeding court workflow.
Worryingly, she added, Allied documents also suggest that Goliath did not consult his fellow judges in the Court Presidents' Conference or provide feedback on decisions made in this forum. Ta.
“The overall impression I get from this submission is that [is] That the judges there don't really have a say. You impose your opinions and decisions on them. You don't consult with me. ”
Goliath replied: “I'm definitely not a dictator…any judge can come and take matters to me.”
Maya asked Goliath whether he thought there was still room for improvement beyond the steps he said he had taken to improve court operations, and how he planned to accomplish that once he was appointed presiding judge. .
“Mr. Chief Justice and honorable members, I'm not here today just to talk about what we can do for the department. I'm here to talk about what I've already done.” said Mr. Goliath.
“We have a proven track record.”
Senior Advocate Commissioner Ceci Baloi, who serves as JSC spokesperson, said she was disappointed that Goliath did not seek to substantively engage with the issues raised by Ally, adding that she appeared defensive. Ta.
“I was very disappointed in the tone and attitude of your response.”
Maya did not allow questions regarding the complaint and counterclaim that Goliath and Hlofe filed against each other in 2020.
Ms Goliath had filed a complaint of gross misconduct in January 2020, alleging that Ms Floop removed her from her seat, assaulted a colleague and told a judge sympathetic to the Zuma government to take a case over the nuclear deal. He claimed that he called her “trash” and kicked her out of the chamber. .
Hlofe has denied most of the charges, saying he was guilty of impeachable conduct by filing a racial discrimination complaint against Goliath and seeking his removal on false grounds. He also claimed she was incompetent, spread lies about him and tried to interfere in his marriage to Gayat Saleh-Hlofe, a fellow judge in the department.
“No, we're not going to go there. Some of these issues are still subject to determination by the Judicial Conduct Commission and possibly the Judicial Conduct Tribunal,” Judge Patrick Gamble said on the issue. she said when referring to it.
Goliath said he considered this “a matter between two people,” but added that Goliath had been acquitted on the counterclaim.
She faced serious criticism from the commissioners for her decision. Standard Bank of South Africa Ltd v Swartz et al..
That decision was overturned by the Supreme Court of Appeal earlier this year, which said: “If the error and its consequences were not so serious, this appeal could be said to arise from a comedy of errors.” pointed out.
Chief Justice Carol Steinberg said the appeals court's overturn was not surprising and emphasized that there is no reason for high court judges to be “afraid to come here” to fight for promotion.
But she said what happened in this case was on another level.
“It's not a given that it's overturned on appeal. The court says you made two fundamental mistakes.
“You granted an order when there was no application. It was a non-existent application and you granted the order. And at the same time you ignored existing court orders. These are major and fundamental That's an error. Those are indisputable points.”
Goliath said he accepted the criticism.
“I have noted the comments and admit that I was wrong in that regard.”
Later in the interview, which lasted more than three hours, Mr Goliath asked Western Cape judge Nathan Erasmus to recuse himself from representing the department at Monday's JSC, citing his friendship with one of the other candidates. It turned out that he had. The same was not true for Judge Gamble, she said.
Maya questioned this stance, saying it was routine for committee members to declare their relationship with a particular candidate without denying it. Economic Freedom Fighters leader Julius Malema encouraged her to admit she was wrong.
Goliath replied that he had exercised his constitutional privilege.