Tribunal must investigate judge Hlophe's complaint against Goliath, appeals committee rules

Dismissing the counter-complaint, Mogoeng said it was a serious allegation that should ordinarily be pursued to the highest level.

However, Mogoeng said Hlophe did not hear Goliath say this and he did not mention the racist part when they had a meeting in his chambers on October 2 2019. Mogoeng said the allegation of racism was potentially Hlophe's most serious and damaging complaint against Goliath and information to support it was lacking.

On Tuesday, the appeals committee dismissed Hlophe’s appeal against Mogoeng’s decision that a tribunal be established to investigate and report on complaints by Goliath.One related to utterances allegedly made by Goliath to Hlophe’s wife, judge Gayaat Salie-Hlophe.I do not think that the issue can be resolved on paper. Particularly at this stage of the proceedings,” judge Nambitha Dambuza said in her ruling.

“If the allegations of racism against [Goliath] were established, including the allegation that the deputy judge president referred to some judges as ‘kaxxxxxies’ or that the judge president and judge Salie-Hlophe lied in imputing the allegations to [Goliath], gross misconduct could be proved either way.”“For that reason, I would refer these allegations as part of the investigation by the tribunal.

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