The Judicial Service Commission (JSC) has suspended Eastern Cape High Court Judge Belinda Hartle pending the outcome of an investigation into allegations of incapacity, gross incompetence and gross misconduct.
The decision follows a complaint lodged by Thozamile Semekazi, an employee of the Office of the Chief Justice, who alleges the judge used racist and abusive language during an incident at the East London High Court in May 2025.
A Judicial Conduct Committee had earlier recommended that a tribunal be appointed to investigate the complaint, which includes allegations that Judge Hartle used the “K-word” and other offensive language during an interaction in chambers.
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 alleges the incident occurred on May 15, 2025, when he was delivering case flow management files to the judge’s secretary’s office. He claimed the judge became verbally abusive after being informed of his presence, and that the incident left him humiliated.
He also claimed the judge’s secretary was present during the incident and that he later suffered emotional distress, was diagnosed with a major depressive disorder, and received medical treatment.
In response to the allegations, Judge Hartle admitted to using a swear word but denied that it was directed at Semekazi, accusing him of misrepresenting the interaction and undermining her work. She also alleged that the complaint had been improperly circulated and linked it to a broader dispute.
Deputy Chief Justice Dunstan Mlambo noted that the committee was not tasked with determining the truth or merits of the complaint at this stage.
“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,” Mlambo said.
Quoting case law, 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.
“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,” Mlambo added.
In a statement, the JSC said the decision to suspend Judge Hartle followed meetings held on 5 March 2026 and 28 April 2026, where it considered written submissions from the parties.
The Commission said it had previously resolved to request the Chief Justice to appoint a Judicial Conduct Tribunal (JCT) to investigate allegations of incapacity, gross incompetence and gross misconduct.
“The Commission had resolved to request the Chief Justice to appoint a Judicial Conduct Tribunal (JCT) in terms of sections 19 and 21 of the Judicial Service Commission Act, 1994 to enquire into allegations of incapacity, gross incompetence, and gross misconduct against Judge Hartle,” it said.
The JSC said it then invited both parties to make submissions on whether it should advise the President that suspension was desirable under section 19(4) of the Act, read with section 177(3) of the Constitution.
After considering submissions, the Commission resolved that suspension was appropriate.
“The Commission, excluding the members designated by the National Assembly and the National Council of Provinces, held a meeting on 28 April 2026 to consider the parties’ written submissions,” it said.
“After considering the submissions of the parties, the Commission resolved that it is desirable that Judge Hartle be suspended from office in terms of section 177(3) of the Constitution, with the condition that she is allowed to finalise her partly heard matters and reserved judgments during the period of her suspension.”
The JSC said Judge Hartle would be allowed to conclude part-heard matters and finalise reserved judgments despite the suspension.
It further directed that administrative steps be taken to reduce contact between the judge and the complainant during the suspension period.
“Furthermore, the Commission has directed that the Head of Court in the Eastern Cape Division of the High Court take reasonable measures to minimise interaction between Judge Hartle and Mr Semekazi during the period of suspension,” it said.
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Hope Ntanzi
iol.co.za