Black Judge Won’t “Shake White Man’s Hand”?

John Hlope

A Black judge nominated for South Africa’s Constitutional Court claims he never told a respected local newspaper that was “not going to shake a White man’s hand.”

Mail & Guardian writer Sello S. Alcock quoted Hlope in an August 5th article about his involvement in last year’s legal battles against ANC president Jacob Zuma, whom he supported during the wranglings. When asked about Chief Justice Pius Langa, Hlope was quoted as saying he was “not going shake a White man’s hand.”

Hlophe now denies making the comment, explaining to Die Burger that he was talking about somebody else and not Langa when he made the remark. According to Hlophe, the reporter asked him whether he had called somebody, whom he referred to as a “White man,”a racist. This was allegedly a reference to Judge Wilfred Thring. Hlophe then explained to the reporter that Langa had suggested he should shake this man’s hand.

Chief Justice Pius Langa (l.) with Retired Chief Justice Arthur Chaskalson (r.)

Hlope’s backers say the timing of the newspaper report is a deliberate attempt to derail his chances of being appointed to the Constitutional Court, the highest court in South Africa.

Black racism is no less real than white racism, says Eusebius McKaiser, a political and social analyst at the Centre for the Study of Democracy, in an article in Business Day. He notes the alleged Hlophe statement is an illustrative example of black racism. “To claim that you would not shake the hand of another because of his race is to arbitrarily take skin colour to signal moral worth. This is unjustified discrimination. It suggests that whites are inherently immoral.”

Kallie Kriell

AfriForum’s legal team has submitted a written complaint to the JSC in response to the “racist and hurtful remarks that Hlophe allegedly made in the Mail & Guardian.” AfriForum CEO Kallie Kriel is quoted as saying in a Mail & Guardian Online report that AfriForum’s complaint was specifically directed at demanding, from the side of civil society, that the JSC continues and even expands its current investigations into Hlophe’s actions.

Hlope has faxed a letter to Chief Justice Langa explaining his side of the story and insistence that he was not referring to Langa when he made the statement.Hlophe is demanding a retraction from the newspaper, but Editor Nic Dawes says the M&G is standing by the report.

Unisa Professor Shadrack Gutto believes Hlophe must take legal action against the newspaper if he is to be believed, or live with the allegation that he made a racist remark hanging over his head. He told the paper: “Should he fail to take legal action, this raises serious concern that he did, in fact, make these statements.” Constitutional law expert Pierre de Vos is quoted as saying: “If the comments were made, it will ruin his chances of being elevated to the Constitutional Court as it’s clearly misconduct.” But Percy Gumbi, of the Justice for Hlophe Alliance, said Hlophe had been misquoted. Gumbi added: “Hlophe will be taking legal action, this is defamation.”

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