Judge Evette Dippenaar. (Photo: supremecourtofappeal.org)
The Solidarity Legal Network says it rejects the repulsive racial focus to which Judge Evette Dippenaar was subjected during her interview by the Judicial Service Commission (JSC).
This interview which took place on Tuesday, in which Judge Dippenaar applied for a position in the Competition Appeal Court, was dominated by questions about transformation and race, rather than essential questions about her legal knowledge, skills, experience and general suitability for the position, according to media reports.
Riaan Visser, head of the Solidarity Legal Network, warns that this approach jeopardizes the integrity and impartiality of the judiciary.
“Solidarity’s Legal Network maintains and confirms that racial comments from the judiciary and within the judicial decision-making council chambers are totally inappropriate and contrary to the impartiality of our judiciary,” says Visser.
During the interview, adv. Tembeka Ngcukaitobi, SC, has repeatedly emphasized the lack of transformation in the legal sector, specifically among practitioners dealing with commercial crime and insolvency cases.
The conversation became tense when Ngcukaitobi questioned Dippenaar’s answers and he accused her of resisting the conclusion of racism.
“Solidarity’s Legal Network is unhappy and disappointed in the continuous racial attack on judges during their interviews, and specifically in the case of Judge Dippenaar. This racial ideology from the ranks of the RDK members is unacceptable,” says Visser.
This incident follows shortly after a similar controversy where Judge Mandlenkosi Percival Motha was charged over his judgments regarding the racial composition of advocates appearing before him.
Already in 2024, Solidarity submitted a complaint to the RCD, which in the meantime was officially accepted by the acting chairman of the RCD, Deputy Chief Justice Justice Mlambo, and referred for further investigation.
According to Visser, there is a worrying trend where race increasingly plays a central role in the assessment of lawyers, which undermines the fundamental principle of impartiality in the judiciary.
“Our judiciary is supposed to function impartially and without fear, but the persistent attack on lawyers about race, racial composition and race in management positions is dangerous for the future of the legal profession,” he says.
Solidarity’s Legal Network is also currently opposing the controversial BEE sector codes, where the exemption threshold has been lowered to a turnover of R5 million. This means that many smaller law firms must now meet strict racial requirements.
The codes set binding targets for ownership (50% black), management control, skills development and preferential acquisition, which can have a significant impact on the operation of firms and the profession as a whole.
“These sector codes are once again just another racial obsession that is represented within the legal profession,” adds Visser.
The Solidarity Legal Network calls on the RCD and other role players in the judiciary to return to principles of merit, fairness and impartiality, and move away from an approach where race is the dominant factor in critical appointment processes.