By Kgomotso Ramotsho
In a statement released by the Department of Justice and Constitutional Development, the department said Judge Mabel Jansen wrote to President Jacob Zuma and the Minister of Justice and Correctional Services, Michael Masutha, informing them of her resignation with immediate effect. The statement said Minister Masutha acknowledged the letter and thanked Judge Jansen for her valuable service and was processing the letter.
Judge Jansen was on special leave following remarks she had made suggesting that rape was a part of the culture of black men. Her comments led to many people on social media calling for her to be removed from the Bench. Prior to her resigning, Judge Jansen’s comments gave rise to a complaint to the Judicial Services Commission (JSC).
The JSC was still busy processing the complaint when Judge Jansen tendered her resignation. The statement said Judge Jansen’s resignation will obviate a protracted disciplinary process. The Department of Justice said that the escalating rate of racial incidents in the country has required government to take steps to prevent this, including the development of the Draft Prevention and Combating of Hate Crimes and Speech Bill GenN698 GG40367/24-10-2016.
The department said it was aware that legislation in itself may not end racism but will deter people from racist behaviour. The department has also developed a draft National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance (NAP), which was subjected to an intensive public participation process in 2016. The department noted that the revised NAP will be submitted to Cabinet for approval during 2017.
Prior to Judge Jansen’s resignation, the Black Lawyers Association (BLA) welcomed the announcement by the JSC that it had accepted the recommendations of the Judicial Conduct Committee. The BLA strongly held that remarks made by Judge Jansen were racist and discriminatory. The organisation added that the decision by the JSC was going to set an example to all judges who might have discriminatory tendencies.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
This article was first published in De Rebus in 2017 (June) DR 11.
