Judge Hlophe on General Mkhwanazi
Umkhonto Wesizwe Party Deputy president Judge John Hlophe who is on suspension in conversation with Lelethu on his podcast , said what General Nhlanhla Mkhwanazi revealed it shows that the judiciary is captured . Hlophe said " I'll give you an example in the United States , when a new government comes in there's always a change in the Supreme Court of America . That is the final court in America , they are doing it openly without shame or favour .
" They say we want our own people here , they do not just change people in the office . The judiciary as well they do it openly . In our country when we began independence in 1994 , we came up with the concept of judiciary service commission . It has been criticized rightly so , we still have judges in this country ; Mkhwanazi has made it clear , corruption i will talk about . Is not just confined in parliament it is all over , that is frightening . Once the judges are on the payroll as Mkhwanazi alleges that's a matter of great concerns for you and I as citizens .
" I reported judgements on labor court and I was appointed permanently . I never acted as Judge and I believe the experience coming as a Judge in the labour court , that four years experience helped me in terms of learning how to write a judgement , how to evaluate evidence etc . It was a limit act labour law but principles are fundamental the same . My knowledge of Afrikaans was very limited for obvious reason . I always associated myself with Afrikaans speakers , the oppressors . My vocabulary in Afrikaans was very limited and that was my first challenge .
" I had to master skills in presiding , remember my knowledge were confined into labour . I had no criminal law experience , criminal trial is so different , very , very different from the civil trial . The civil may be the same but the standard of proving is not the same . The civil matter is proved on the balance of probability whereas in the criminal matter is proved beyond reasonable doubt . In the criminal trial the onus is on the state or the prosecutors to prove the case . In the civil matters he alleges must prove . For an example if you are suing me for R10 that im owing . You must prove that im owing you .
" So its quite different , it needs different skills but the principles are fundamental remain . The first challenge for me was so foreign to welcoming , Afrikaans remained the huge challenge . I'm telling you now having being a judge in the Western Cape High Court where I was dismissed , impeached about two years ago . I could sit in trials alone in Afrikaans without the interpreter . I now understand the Afrikaans fluently without a problem . It is something that I acquired " .