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since 2009
Saturday, November 14, 2026

South Africa Africa

South African Judge Denies Slur at Tribunal

By · · 6 min read
Skyscrapers of the Sandton business district in Johannesburg seen over wooded suburbs
File photo. The towers of Sandton, Johannesburg's main business district, South Africa. Photo: Andres de Wet, CC BY-SA 3.0, Wikimedia Commons.

On Monday 9 November 2026, a Judicial Conduct Tribunal began hearing evidence in Sandton, a business district of Johannesburg, into a complaint against Judge Belinda Hartle of the Eastern Cape High Court, a regional division of South Africa’s high courts. A court clerk alleges she used a racial slur in May 2025, and she denies it.

Key Facts

—Hearing. A tribunal, a panel that inquires into a judge’s conduct, began hearing evidence on 9 November 2026.

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—Allegation. Court clerk Thozamile Semekazi alleges Judge Belinda Hartle used a racial slur on 15 May 2025.

—Denial. Hartle admits one swear word, says it was not aimed at him, and denies the slur.

—Timing. The hearing is expected to run until Wednesday 18 November; that date is not confirmed.

—Outcome. No finding has been made; removing a judge needs a two thirds vote in the National Assembly, Parliament’s elected chamber.

A court clerk and a High Court judge give opposing accounts of one exchange in an office. A tribunal now has to weigh them, and it has made no finding yet.

What the Tribunal Is Examining

A Judicial Conduct Tribunal is a panel that the Chief Justice appoints under the Judicial Service Commission Act to inquire into a judge’s conduct. This one is chaired by retired Supreme Court of Appeal (South Africa’s second-highest court) Judge Boissie Mbha, with advocate Benny Kalakgosi as evidence leader (the lawyer who presents the case) and advocate Jan Heunis for Hartle.

Daytime view over Johannesburg with the round Ponte City tower and the Hillbrow telecom tower
File photo. Central Johannesburg, seen from the Carlton Centre, May 2010. The tribunal sits in Sandton, a business district north of the city centre. Photo: Jorge Láscar, CC BY 2.0, Wikimedia Commons.

The hearing opened on 9 November in Sandton and is expected to run until Wednesday 18 November 2026. That end date is not confirmed.

The Allegation and the Denial

Thozamile Semekazi, a registry clerk at the Eastern Cape High Court, alleges that on Thursday 15 May 2025 Hartle swore at him and used the k-word, a racial slur, in front of her secretary, Shakira Frost. He says it followed his delivery of case-flow management files, which he concedes were late.

Hartle admits using one swear word, which she says was not aimed at him, and she denies using the slur. She apologised for the swear word in WhatsApp messages to Semekazi that day and the next.

The Reprisal Argument

Hartle’s counsel, Jan Heunis, has told the tribunal that the complaint is an “act of reprisal” for an article by her husband, journalist Ray Hartle, published on 5 May 2025. The article reported that an anonymous letter accused Semekazi of soliciting bribes to file documents, and Semekazi denied that at the time.

Semekazi told the tribunal he had not been in contact with Ray Hartle before the article appeared, and a later report says he admitted he had lied about this. We found no ruling by the tribunal on the reprisal argument.

What Later Hearings Reportedly Heard

One report of the hearing on Thursday 12 November says the evidence leader told the tribunal that Semekazi admitted he had lied under oath about three phone calls with Ray Hartle, and that he gave safety concerns as his reason. The same report says Judge Mbha ruled that recordings of the calls could not be played; we could not confirm this from the tribunal record.

One report says that on Friday 13 November the tribunal moved to closed sessions, because the evidence involves the confidential medical condition of the witness. We have not been able to confirm this either.

How the Case Reached a Tribunal

The Judicial Conduct Committee, a committee of senior judges that screens complaints against judges, recommended on 9 December 2025 that a tribunal be appointed to investigate the complaint. On 15 May 2026 the Judicial Service Commission (JSC), the constitutional body that advises on judicial appointments and discipline, said it had asked the Chief Justice to appoint the tribunal to inquire into allegations of incapacity, gross incompetence and gross misconduct.

The JSC also resolved that it is desirable that Hartle be suspended, on condition that she may finish partly heard matters and reserved judgments. It directed the Eastern Cape head of court to minimise contact between her and Semekazi.

How a Judge Can Be Removed

Under section 177 of the Constitution of South Africa, a judge can be removed only if the JSC finds incapacity, gross incompetence or gross misconduct and the National Assembly resolves to remove the judge by a vote of at least two thirds of its members. The President may suspend a judge on the JSC’s advice, and we could not confirm from a primary source whether that has happened here.

No finding has been made against Hartle. For the wider political setting, see our explainer on South Africa’s coalition politics.

What Is Not Known

No finding of fact exists, and neither account has been tested to a conclusion. We could not confirm whether the President has suspended Hartle.

Why It Matters

This is a domestic accountability case with no US consequence. Litigants in the Eastern Cape division and the credibility of the judiciary are the parties affected; see also our explainer on South Africa’s role in Africa.

What to Watch

The tribunal is expected to run until Wednesday 18 November 2026, though that date is not confirmed. If it finds gross misconduct, the JSC then considers the matter before any National Assembly vote; follow our South Africa coverage and our Johannesburg explainer.

Frequently Asked Questions

What is a Judicial Conduct Tribunal?

It is a panel that the Chief Justice appoints under the Judicial Service Commission Act to inquire into a judge’s conduct. This one began hearing evidence on Monday 9 November 2026 in Sandton.

What does the clerk allege?

Court registry clerk Thozamile Semekazi alleges that on Thursday 15 May 2025 Judge Belinda Hartle swore at him and used the k-word, a racial slur. Hartle denies using the slur.

What does Judge Hartle say?

She admits using one swear word, which she says was not aimed at him, and denies the slur. Her counsel calls the complaint an “act of reprisal”.

Can the judge be removed?

Only if the Judicial Service Commission finds incapacity, gross incompetence or gross misconduct and the National Assembly votes by at least two thirds of its members. No finding has been made.

Sources

Judicial Conduct Committee, section 16 ruling, 9 December 2025 · Judicial Service Commission media statement, 15 May 2026 · Judicial Conduct Tribunal proceedings, Sandton, from 9 November 2026 · Constitution of South Africa, section 177 · The Rio Times analysis.

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