Further statement issued by the Heads of Courts on the issue of racism and sexism within the Judiciary

1. The Heads of Courts have now had the opportunity of considering the various reports on racism and sexism within the judiciary that they have received.
   
   
2. Because of our history, racism and sexism are attitudes engraved in our society. They judiciary is part of that society. We accept that racism and sexism are also present within the judiciary and the legal profession. It appears from the reports that some of our colleagues have been hurt by racist and sexist conduct. We regret that this should have happened and we are determined to confront and deal with issues of racism and sexism that are brought to our attention. We urge those who experience such conduct to raise the issue immediately so that it can be dealt with.
   
   
3. Conscious and deliberate racism and sexism are inconsistent with the office of a judge. An allegation that a member of the judiciary has been guilty of such behavior must be investigated and, if established, would constitute serious misconduct.
   
   
4. For some years now the judiciary has been pressing for a formal complaints' system to be established with the necessary powers to investigate complaints against judges, and to impose sanctions if that should be necessary. Legislation to that effect is likely to be passed in the near future. When established, the formal complaints' system will provide a forum for dealing with allegations of racism and sexism.
   
   
5. In our statement of 3 April 2005 we said that an appropriate representative committee will be established at each Superior Court to address issues of racism and sexism within the judiciary. Pending the enactment of the necessary legislation and the establishment of a formal complaints' system pursuant thereto, any complaint about racism or sexism on the part of a judge should be addressed to the Head of the Court at which such judge is based, or to the Judicial Service Commission. The Head of the Court to whom such complaint is addressed will decide how to deal with it and, where appropriate, will refer it to the Judicial Service Commission.
   
   
6. Racism and sexism, even if not deliberate, may be the result of our having grown up in a society in which they were the norm. In our statement of 3 April 2005 we said that a conscious effort must be made to break down the remnants of the attitudes in so far as they may exist within the judiciary, and that this will be an ongoing process. The Heads of Courts will open avenues for issues of this nature to be raised and resolved. The committees established at each court to deal with racism and sexism will have a role to play in this regard.
   
   
7. A subcommittee of the Heads of Courts, under the leadership of Deputy Chief Justice Langa, will consult with experts on how issues of racism and sexism, including issues arising out of the reports received, can best be addressed, and as to what processes should be put in place to resolve them. This subcommittee will make recommendations to the Heads of Courts, and decisions taken after such recommendations have been received will be made public.
   
   

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