Judicial Conduct Tribunal: Judge Belinda Hartle Racism Tribunal Hears 'K-Word' Claim

• Eastern Cape Judge Belinda Hartle faces a Judicial Conduct Tribunal over racism allegations, including using the "k-word" against registry clerk Thozamile Semekazi.
• Judge Hartle denies the specific racist language but admits expressing frustration and apologized immediately and via WhatsApp.
• Judge Hartle's lawyers seek to introduce audio recordings of conversations between Semekazi and Ray Hartle, the judge's husband, to challenge Semekazi's credibility.
• The defense argues Semekazi's complaint is a reprisal for a May 2025 article by Ray Hartle, which named Semekazi in connection with Mthatha High Court corruption allegations.
• Tribunal president Justice Boissie Mbha ruled that the evidence leader must review the recordings with Semekazi before further submissions on their admissibility.

His credibility is a pivotal issue. The recordings will show that he lied.

The Judicial Conduct Tribunal in Sandton is currently examining allegations of racism leveled against Eastern Cape Judge Belinda Hartle. The core accusation stems from an incident on May 15, when registry clerk Thozamile Semekazi visited the office of Judge Hartle's secretary, Shakira Frost, to deliver case flow management files that he admits were overdue. Semekazi claims that during this encounter, Judge Hartle launched into an angry outburst, allegedly using expletives such as "f*** you," "p**s man," and the derogatory "bleddy fucking k....s."

Judge Hartle, however, disputes Semekazi's account of the specific language used. While she denies uttering the highly offensive terms, she acknowledges expressing frustration by stating she was "f*****d around" by individuals in the general office. She further states that she immediately apologized for this comment and reiterated her apologies in WhatsApp messages sent to Semekazi later that same afternoon and the following day. This forms the central factual dispute before the tribunal.

A significant point of contention at the Judge Belinda Hartle racism tribunal revolves around the credibility of the accuser, Thozamile Semekazi. During his testimony and subsequent cross-examination, Semekazi asserted that he was unaware of Ray Hartle, Judge Hartle's journalist husband, at the time his article on Mthatha High Court corruption was published. He maintained that his first interaction with Ray Hartle occurred only after the article's publication, when Hartle initiated a phone call, and that he had only recently become aware of Ray Hartle's marital connection to the judge.

However, Advocate Jan Heunis, representing Judge Hartle, presented a conflicting narrative to the Judicial Conduct Tribunal South Africa. Heunis alleged that Semekazi had, in fact, proactively contacted Ray Hartle in March 2024, seeking to discuss a "secret" matter. Heunis further claimed that Ray Hartle subsequently made two phone calls to Semekazi, one in September 2024 and another in February 2025. Crucially, Heunis revealed that Ray Hartle had recorded these conversations, a fact he stated he only discovered on Tuesday, which surprised him given Semekazi's denials. Semekazi, for his part, repeatedly denied that any such conversations ever took place.

The admissibility of these audio recordings became a critical procedural hurdle. Advocate Heunis argued forcefully that the recordings were essential to determine Semekazi's veracity, especially given the "mutually destructive" versions of events concerning the May 15 incident in Frost's office. Heunis emphasized that establishing whether Semekazi was "a truthful witness" was "vitally important." He stated, "His credibility is a pivotal issue. The recordings will show that he lied."

Evidence leader Advocate Benny Kalakgosi opposed the introduction of the recordings, characterizing the move as an "ambush" and raising concerns about their authenticity. Tribunal president Justice Boissie Mbha issued a ruling requiring Kalakgosi to consult with Semekazi, review the recordings with him, and then present further submissions to the tribunal regarding their potential use. Separately, Heunis later questioned Semekazi about a "peace offering" that Judge Hartle mentioned leaving on his desk in one of their WhatsApp exchanges, which Semekazi had previously testified he had not seen and did not know the nature of.

The defense has posited that Thozamile Semekazi's complaint against Judge Hartle may be a reprisal. This theory connects to an article about alleged corruption within the Mthatha High Court, authored by Ray Hartle and published in the Daily Maverick on May 5, 2025. The article specifically named Semekazi as one of two Mthatha High Court officials who had been anonymously accused of soliciting bribes in exchange for filing documents.

Semekazi had denied these allegations at the time of the article's publication. The defense's argument suggests a direct link between this public accusation and Semekazi's subsequent complaint against Judge Hartle, which emerged just ten days after the article's release. This intricate web of accusations and counter-accusations underscores the complex dynamics at play in the Judicial Conduct Tribunal South Africa proceedings, particularly regarding the Judge Hartle 'k-word' accusation.

This case highlights the procedural complexities and evidentiary challenges, particularly regarding the admissibility of secretly recorded conversations, when challenging witness credibility in judicial conduct tribunals. Lawyers should note the tribunal's approach to such evidence and its potential impact on disciplinary proceedings against judicial officers.

Source: Original reporting via Daily Maverick