According to recent media reports, embattled ANC Youth League leader Julius Malema recently stated at a closed session of the league’s lekgotla that “the judiciary is controlled by the white minority”. He added “this thing I’m doing is wrong, but there’s nothing I can do because the judiciary is controlled by these white minorities”. He claimed furthermore that every state organ was controlled by a white “capital” minority mafia.
Mr Malema’s comments have no basis in reality.
The judiciary has been fundamentally transformed since 1994, when there were only three black judges. The overwhelming majority of judges now holding office have been appointed under the 1996 Constitution by the President on the advice of the Judicial Service Commission. According to the Department of Justice’s 2011 Annual Report, 134 (59,55%) out of 225 judges were black – including 91 Africans, 22 Indians and 21 coloureds.
Currently The Chief Justice, the Deputy Chief Justice, the President of the Supreme Court of Appeal, the Deputy President of the Supreme Court of Appeal and all the Judges President of the High Court are black. Prior to the resignation of Chief Justice Ngcobo, 8 of the 11 judges of the Constitutional Court were black as were 12 of the 22 judges on the rolls of the Supreme Court of Appeal.
The Judicial Service Commission – which makes recommendations for the appointment of judges – is also overwhelmingly black. The JSC consists of: The Chief Justice, the President of the Supreme Court of Appeal, a provincial Judge President, the justice minister, two advocates representing the profession, two attorneys representing the profession, one law professor, six MPs (of whom three must be from opposition parties), four members the National Council of Provinces and four individuals appointed by the President.
Mr Malema’s claim that every state organ is controlled by a “white capital minority” is equally preposterous – unless it is his contention that the ANC itself is controlled by whites. All ministries, all government departments, all parastatals, all provinces (except the Western Cape), and all the large metros (except Cape Town) are controlled by the ANC.
Mr Malema’s problem is not some white conspiracy, but that he is under investigation for allegedly breaking the law. He is fortunate that our courts are colour blind and that he will receive fair treatment if ever he were to face charges in court.
Adv Jacques du Preez
FW De Klerk Foundation
