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

• Judge Belinda Hartle is facing a Judicial Conduct Tribunal over allegations of gross misconduct, including the use of a racial slur.
• Thozamile Semekazi, a court official, claims Judge Hartle verbally abused him on May 15, 2025, after he delivered files late.
• Judge Hartle admits to using one expletive but denies the racial slur, with her secretary supporting a more limited admission.
• Hartle's defense argues Semekazi's complaint is an "act of reprisal" for a Daily Maverick article by her husband that implicated Semekazi in a bribery scandal.
• WhatsApp messages exchanged post-incident show Judge Hartle apologizing for a swear word and Semekazi expressing deep humiliation, but no mention of the alleged racial slur by Semekazi at that time.

The tribunal's findings could establish important precedents for judicial accountability and the standards of professional conduct expected from judges, potentially influencing future complaints and disciplinary actions against judicial officers.

A Judicial Conduct Tribunal is currently examining allegations of gross misconduct against Judge Belinda Hartle, stemming from an incident on May 15, 2025. Thozamile Semekazi, a former Mthatha High Court official who had been transferred to the East London High Court, claims that Judge Hartle launched into an angry tirade in her secretary's office. Semekazi alleges the outburst occurred because he delivered case flow management files late, during which Judge Hartle purportedly used expletives like "f*** you" and "p**s man" twice, and then referred to general office staff as "bleddy f***ing [k-word]s."

Judge Hartle, however, admits to using only a single expletive during the encounter. Her secretary, Shakira Frost, corroborated this in an affidavit presented to the tribunal. Frost stated that Judge Hartle expressed frustration, saying she was "tired of staff from the registrar's office f***ing her around," then immediately covered her mouth, remarked "oops, I used a swear word," and apologized to both Frost and Semekazi. Semekazi, testifying on Tuesday, dismissed Frost's account as entirely false. Evidence leader Advocate Benny Kalakgosi also introduced WhatsApp messages exchanged between Hartle and Semekazi from the day of the incident and the following day, which shed further light on their immediate reactions.

Central to Judge Hartle's defense is the argument that Semekazi's complaint constitutes an "act of reprisal." This claim is linked to an article published in the Daily Maverick on May 5, 2025, by Ray Hartle, the judge's journalist husband. The article named Semekazi as one of two Mthatha High Court officials accused in an anonymous letter of soliciting bribes to file documents, an accusation Semekazi denied at the time and continues to deny, labeling it "all lies."

During cross-examination, Judge Hartle's lawyer, Advocate Jan Heunis, questioned Semekazi about the absence of any reference to the alleged "k-word" insult in his WhatsApp responses to the judge. Semekazi explained that he was primarily focused on expressing his feelings of hurt and humiliation and did not have the presence of mind to recall every detail of the verbal exchange. He further stated that he would not have been as deeply affected if Judge Hartle had only used the expletive "f***." Heunis also revealed that Judge Hartle's legal team had proposed lie detector tests for both parties, which Semekazi reportedly declined. Heunis further indicated that proof of contact between Semekazi and Ray Hartle in 2024, including cellphone records and recordings, would be presented if necessary when Judge Hartle testifies, reinforcing the defense's reprisal theory.

This case highlights the ongoing scrutiny of judicial conduct in South Africa, particularly concerning allegations of racism and abuse of power. The Judicial Conduct Committee, in December 2025, determined that there was a prima facie case of gross misconduct against Judge Belinda Hartle, subsequently referring the matter to a Judicial Conduct Tribunal. The tribunal, which commenced hearing evidence in Sandton on Monday, is tasked with thoroughly investigating the serious claims made against the judge.

The exchange of WhatsApp messages between Judge Hartle and Semekazi provides a crucial insight into their immediate reactions following the incident. On the day of the alleged tirade, Judge Hartle messaged Semekazi, acknowledging she had used a swear word due to frustration, clarifying it was unintentional and not personally directed at him, and apologizing for any offense. Semekazi responded, expressing his profound humiliation and disappointment, stating it was the first time in his 23 years in the department he had been sworn at by someone in her position, and criticizing her unprofessional conduct. Judge Hartle reiterated her apology, attributing the word to a slip, and the next day, offered a "peace offering" while admitting it was unprofessional to "lose her cool." The tribunal's findings could establish important precedents for judicial accountability and the standards of professional conduct expected from judges, potentially influencing future complaints and disciplinary actions against judicial officers.

This case highlights the ongoing scrutiny of judicial conduct in South Africa, particularly concerning allegations of racism and abuse of power. Lawyers should monitor the tribunal's findings as they could establish important precedents for judicial accountability and the standards of professional conduct expected from judges, potentially influencing future complaints and disciplinary actions against judicial officers.

Source: Original reporting via Daily Maverick