Eastern Cape judge suspended over alleged racist incident

Judge Belinda Hartle will face a Judicial Conduct Tribunal. Illustration: Bronwyn Webb

Eastern Cape Judge Belinda Hartle has been placed on immediate suspension pending a Judicial Conduct Tribunal probe into whether she made derogatory and racist remarks to a registry clerk, Thozamile Semekazi.

The Judicial Service Commission (JSC) announced on Friday that it had decided to suspend Hartle, following a Judicial Conduct Committee recommendation to the Chief Justice that a tribunal be appointed.

If the tribunal finds her guilty of gross misconduct for the remarks – which Hartle denies making – she could face impeachment.

Hartle will be allowed to finalise her partly heard matters and reserved judgments. The Head of Court in the province has been directed to take reasonable measures to minimise interaction between Hartle and Semekazi.

The JSC said it had considered submissions from both Hartle and Semekazi.

Semekazi, who had been based at the Mthatha High Court for 23 years, submitted that, in May 2025, he was delivering documents to Hartle’s chambers and was talking to her secretary when Hartle walked in and shouted expletives at him.

Hartle made racial insults in a “confident, loud and aggressive voice”, Semekazi alleges.

He said it appeared that Hartle was irritated at the delay in the delivery of the files. Her secretary had seemed amused by her boss’s conduct. He said he cried before leaving the office and immediately reported the incident to his supervisor.

He described the incident as humiliating and demeaning, and it led to his depression, for which he was hospitalised. He said she had made him feel foolish and belittled.

Hartle said she had been “on the receiving end of the tardy handling of the case management files”. But, she said, she only used one swear word, which was not a racist slur, and it was not directed at Semekazi.

According to the JCC report, she said, “I did inform him very firmly that I would not be accepting the chair load of files … It was my sharp rebuke that must have upset him. I hardly had time to consider who was present in the office before the word had slipped out. I immediately apologised to the stranger [Semekazi].”

Hartle claimed he had grossly exaggerated their interaction and he had laid a “bogus criminal charge” against her with the police.

The JCC said that, while she had denied using the k-word, she had “curiously” not told the committee what word she used.

The JCC said that Hartle’s alleged conduct would be unbecoming of a judge and would be gross misconduct.

“The public cannot have confidence that a racist judge would administer justice fairly and justly. It follows that a racist judge has no place in our judiciary.”

The JSC has yet to announce the details of the Tribunal panel and when it will sit.

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