Warning against Judge President’s directives

8 September 2021

Solidarity’s Law Guild today sent a warning to the Judge President of the Western Cape division of the high court, Judge John Hlophe, and demanded that his directive on the transcription of court proceedings be withdrawn.

In the initial directive (“A”), Judge Hlophe determines that the transcription of court proceedings and records is unnecessary and a waste of funds. He asks that judges and legal practitioners rather take comprehensive notes during court proceedings which should then be made available as part of the court record.

“We are shocked by the directive of Judge Hlophe. He has no authority to issue this and we question his view that one of the most important processes in court can be described as unnecessary and a waste of money. His actions are irregular, and the directive must be withdrawn immediately,” said Henru Krüger, Sector Head of the Professional Guilds at Solidarity.

According to Solidarity this directive creates several problems regarding the taking of notes by lawyers and legal practitioners. Solidarity claims furthermore that the correct procedures in terms of the Act were not followed, and that the directives were not published in the Government Gazette, and that stakeholders were not consulted. He was requested to provide proof hereof.

“The Law Guild is committed to protecting the integrity of the legal profession and acting in the best interest of our members at all times. We will not allow judges and other practitioners to be subject to irregular directives,” Krüger concluded.

Read the directive here.

Read the warning here.

Issued by Henru Krüger, Sector Head: Professional Guild, 8 September 2021