By Lehlohonolo Lehana.
The Eastern Cape High Court Judge Belinda Hartle is facing a misconduct investigation by the Judicial Conduct Tribunal, which could lead to her impeachment.
Hartle is accused by court official Thozamile Semekazi of verbally abusing him, humiliating him, and using the “k-word” in the presence of her secretary.
She made racial insults in a “confident, loud and aggressive voice”, Semekazi alleges.
Semekazi, who had been based at the Mthatha High Court for 23 years, submitted that, in May 2025, he was delivering files to Hartle’s chambers and was talking to her secretary when Hartle walked in and shouted expletives at him.
He said it appeared that Hartle was irritated at the delay in the delivery of the files. Her secretary had seemed amused by her boss’s conduct. He said he cried before leaving the office and immediately reported the incident to his supervisor.
He described the incident as humiliating and demeaning, and it led to his depression, for which he was hospitalised. He said she had made him feel foolish and belittled.
Hartle has disputed ever having used the racial slur, and alleges that the complaint “constitutes an attempt to undermine her work and destroy her”.
The Judicial Service Commission (JSC) issued a statement on Saturday, 16 May 2026, that it is incorrect that Judge Hartle is suspended as she continues to perform her duties.
“The JSC is aware of media reports that Judge Hartle has been suspended. This is incorrect and Judge Hartle continues to perform her duties. The media reports that Judge Hartle has been suspended arise from the JSC media statement which inadvertently omitted to mention that the JSC will advise the President, it will do so accordingly, read the statement.”
Section 177 (3) of the Constitution provides that the President, on the advice of the JSC, may suspend a judge who is the subject of a procedure in terms of subsection (1) that deals with the removal of a judge who is found guilty of gross misconduct.
A three-judge Judicial Conduct Committee found a prima facie (probable) case of gross misconduct and recommended that the JSC appoint a tribunal to investigate the allegations. The JSC has not yet done so.
According to the JCC report, she said, “I did inform him very firmly that I would not be accepting the chair load of files … It was my sharp rebuke that must have upset him. I hardly had time to consider who was present in the office before the word had slipped out. I immediately apologised to the stranger [Semekazi].”
Hartle claimed he had grossly exaggerated their interaction and he had laid a “bogus criminal charge” against her with the police. The JCC said that, while she had denied using the k-word, she had “curiously” not told the committee what word she used.
Meanwhile the Helen Suzman Foundation (HSF) has launched an urgent court application in a bid to force Parliament to consider whether Economic Freedom Fighters (EFF) leader Julius Malema is still fit to serve on the JSC following his conviction in the firearm case.