Patricia Goliath has been acting as the Western Cape High Court’s judge president since 2022.
Acting Judge President of the Western Cape High Court, Patricia Goliath, faced tough questions from the Judicial Service Commission (JSC) as she defended her leadership style.
The JSC conducted interviews on Monday with several candidates to fill the position left vacant following former judge John Hlophe’s impeachment in February 2024.
Goliath has been serving as acting judge president since December 2022, when Hlophe was suspended by President Cyril Ramaphosa.
She was appointed deputy judge president in 2016.
Judge Goliath grilled in JSC interview
During her interview, Chief Justice Mandisa Maya questioned Goliath about the “troubled” working environment at the Western Cape High Court, noting complaints from judges about low morale.
Maya also pointed out that one judge had expressed concerns about Goliath’s leadership style and her “ruinous” new measures in managing the high court.
In her defence, Goliath told the JSC that the division was in a “dire state” when she took over two years ago.
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However, she firmly denied that the changes she implemented were destructive.
“It was very challenging initially when I took over this division. I immediately introduced mechanisms to make the environment more conducive for judges to operate in.
“I can categorically say that if there is a judge who says that the division is troubled as I sit here today, that is not a correct statement to make,” the acting judge president said on Monday.
Goliath stated that she introduced regular judges’ meetings, providing a platform where judges are “free to air their views”.
The judge also denied suggestions that the court was “in disarray”.
“I have an open door policy,” she said.
Watch: JSC interviews continue
‘Not a dictator’
Goliath stated that no judge had formally lodged a complaint with her. She said she was “very surprised” to learn about the alleged issues within the court.
“I dispute any statement that’s trying to create the perception that the division is not functioning efficiently [and] effectively. If there is a judge who may have an issue, it was not raised with me.”
“I am most certainly not a dictator,” the judge added.
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She further refuted allegations that she fails to communicate with judges or circulate important documents.
“I reject that allegation with the contempt it deserves because one of my strengths is communication and I am an inclusion leader, I am collaborative leader.”
Judge Goliath on Hlophe
Goliath later touched on her relationship with Hlophe, noting that they initially had an “excellent” and “cordial” working relationship despite their differing leadership styles.
However, tensions arose after she filed a complaint against the former judge.
“When the problems arose, it created division,” she said.
The acting judge president stated that the problems led to the formation of “little groups”, which she has been working to address since taking over from Hlophe.
“I think it is normal in the aftermath of the situation between myself and the [former] judge president that there would be challenges to navigate.
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“For the past two years that was my goal; to navigate those challenges and build bridges and improve where I can and try and create an environment that is conducive to cordiality, which there is currently.”
Goliath dismissed the notion that the interest of other judges in the vacancy indicated that she had not performed adequately as acting judge president or in her role as deputy.
“It is their right to do so; no one is entitled to that position. That is just the reality of the matter [and] that does not mean I did not perform my functions as the deputy or as the acting judge president.
“As judge president, I was a caretaker and I am satisfied that in my position as caretaker I have stabilised the division.”
Gross misconduct complaints
Goliath became embroiled in a dispute with Hlophe after filing a gross misconduct complaint against him with the JSC in January 2020.
She alleged, among other things, that Hlophe assaulted Judge Mushtak Parker and used abusive language toward her during a meeting in October 2019.
Former chief justice Mogoeng Mogoeng later recommended in July 2020 that the Judicial Conduct Committee (JCC) establish a tribunal to investigate the allegations against both Hlophe and Goliath.
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This decision was subsequently upheld by the JCC’s appeal committee in September 2022.
In December 2023, Goliath was exonerated of gross misconduct by the JSC, which determined that there was no prima facie evidence to support the allegation of racism.
Consequently, the JSC decided against accepting the JCC’s recommendation to refer the complaints against Goliath for tribunal investigation.
Additionally, the commission concluded that Hlophe should face a second gross misconduct investigation regarding Goliath’s complaint.
The Citizen
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