Why did Zuma brief white counsel? - Aspirant judge

CAPE TOWN (Sapa) - An aspirant judge ruffled feathers during her interview with the Judicial Service Commission (JSC) on Tuesday when she said transformation of the judiciary would only be complete when "the Zumas of this world" briefed black counsel.

Advocate Sita Kolbe SC, an advocate at the Johannesburg bar, argued that the best way of dealing with discrimination was to train black lawyers until they were clients' natural first choice because they were "brilliant" and perceived as the best money could hire.

"There will only be real transformation in my view one day when, when the Zumas of this world find themselves in a spot of bother, we see a black face representing them and not a white face."

Kolbe added that the problem was underlined by former police commissioner Jackie Selebi's decision to employ seasoned white advocate Jaap Cilliers to represent him in his corruption trial currently underway in Johannesburg.

She was reprimanded by Chief Justice Sandile Ngcobo who described her remark about President Jacob Zuma as unfortunate because "it amounts to being disrespectful to the president".

Kolbe replied: "No, not at all."

She said she had mentioned Zuma, who called on Kemp J Kemp SC when he faced corruption charges linked to the arms deal that were finally withdrawn in April, as an example because he was a prominent person whose choices did not go unnoticed.

Kolbe endured intense grilling from the JSC over her open clashes with Advocates For Transformation (AFT) about how to effect racial parity in the top ranks of the legal profession.

She said she believed AFT clamoured for change but did not do enough to make it a reality by helping black lawyers to achieve the merit to advance.

Among those to challenge her was new commissioner Ishmael Semenya, a prominent colleague at the Johannesburg bar, who said the constitutional requirement for racial representation in the judiciary could not wait until "all black lawyers are specialists".

He added that Kolbe had a reputation for being "absolutely abrasive".

Without naming any, Kolbe said good black lawyers often attracted so much government work that they did not move on to more challenging cases.

Gauteng Judge President Bernard Ngoepe asked Kolbe whether she was implying that black lawyers were "unbrilliant" to which she responded that this applied to the majority of advocates of all races.

Kolbe said she had long been involved in training black advocates because she believed this was the only way to redress racial imbalances.

"I'm not a politician, I cannot sit and talk about nice policies, I can train."

The debate was smoothed over by Justice Minister Jeff Radebe, who said it seemed Kolbe was simply explaining her practical contribution to transformation rather than dramatically differing with the dominant definition of transformation.

Kolbe also unexpectedly found succour from AFT chairman Dumisa Ntsebeza. He recalled that the Sunday Times had recently also noted the anomaly of Zuma, Selebi and axed national prosecuting chief Vusi Pikoli all hiring white counsel.

She was one of 10 candidates interviewed for six positions of the North and South Gauteng benches. Others included lawyer and former lecturer Professor Kobus van Rooyen, who served on the Publications Appeal Board from 1980 to 1990 and is currently an ICASA councillor. He was grilled about his past membership of the Broederbond.

Radebe said he believed Van Rooyen could be "a very good judge", but that he hesitated to support his candidacy because his denunciation of the Afrikaner movement as "racist, sexist and secret" was too mild.

"A doubt arises in my mind from your answers to my colleagues that seem to suggest that the Broederbond was a Sunday school organisation except that it discriminated against black people and women," Radebe said.

Van Rooyen said he had quit the movement in disgust, but appeared to fail to convince the JSC councillors.

Ntsebeza said Van Rooyen had glossed over the evils of the Broederbond, while he should have gone to the Truth and Reconciliation Commission to confess that he had belonged to it.

"I'm not sure that I come away with a sense that you are a person of integrity," Ntsebeza said.

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Why did Zuma brief White council...? Please tell me that's rhetorical...? Who dreamed up all 'transformation' gumpf anyway, its almost 2010 Comrades! by Ken Doll on October 20 2009, 19:02 Find this comment inappropriate? Report it

Vow Advocate Kolbe, that is what I call taking the bull by its horns - brilliant. Sandile Ncgobo, we hope was speaking from the heart not as a reciprocation for Zuma's appointing him the Chief Justice. If this is the situation, I fear what is to . .more happen to the quality of judicial decisions during his reign. You go Adv. Kolbe . .less by T-Man on October 20 2009, 19:02 Find this comment inappropriate? Report it

Huh? How is calling an organisation "racist, sexist and secretive" too mild? Should he have used expletives to make his point more strongly? Imagine if he had said that about AFT? The whole world would have been up in arms!! Kolbe gets rebuked for . .more criticising our leaders for not contributing to transformation. What do these commissioners want? Vicious anti-white, whites and mild-tempered, pro-black blacks, it appears. . .less by Samjank on October 21 2009, 00:21 Find this comment inappropriate? Report it

SKIN COLOUR Nats "demonised" black skin. ANC "demoninse" white skin. Definition of "demonise" means - undesired, unwanted, i.e. Get out of our sight ! Black Apartheid is the "most desired" policy 2009 ? by old, female, paleface on October 21 2009, 06:18 Find this comment inappropriate? Report it

Tunnel Is Kolbe a very faint white light at the end of a very long black tunnel? by Molly on October 21 2009, 07:09 Find this comment inappropriate? Report it

Re: Adv Kolbe Adv Kolbe speaks sense! 1st ,why should our so-called leaders not be criticised? 2nd, she is correct in that the only way in which "transformation" will take place is through continuous and ongoing training and development of people who show the necessary . .more accumen and potential, not through the appointment of in-experienced people to positions above their current ability! . .less by Richard on October 21 2009, 07:32 Find this comment inappropriate? Report it

Mental Slavery The brothers and sisters of Azania should take this stance by Kolbe to heart. She makes us trully look at ourselves and ask some difficult questions. How many times have you gone to a white doctor, dentist or lawyer, while advocating . .more transformation on this forum. As a black person, one needs to consider why it is that when the rubber hits the road, when there's a very good chance that you'll die or go to jail, why do we feel more secure knowing there's a white person standing between us and that fate, while a black brother/sister would have done the job just as well? Bob Marley said only we can emancipate ourselves from mental slavery, and it seems our leaders are very far from that emancipation, and so are we. . .less by KhulGaz on October 21 2009, 11:39 Find this comment inappropriate? Report it

Best person for the job I concede that there's a need for transformation; what many may disagree on is the method through which such change should be implemented. I for one, go to the person that can serve my needs best. I am sorry my wife's gynae is an indian, her neurosurgeon . .more white and my child's paediatrician is black. They do a damn fine job...I will not change because I find a black gynae. . .less by Sdoz on October 21 2009, 14:59 Find this comment inappropriate? Report it

Racial imblances? When I hear the idiotic racist phrase : "racial imbalance" I am reminded of how morally unbalanced our society has become. The moronic racist peddlars of this phrase pretend that somewhere out there there is a racial "balance" which is a morally . .more "good thing" to have, and that this pretended good should guide our actions to the point of indulging in the practice of chauvinistic racism. No longer is one supposed to look for the best qualified lawyer to represent one, one is supposed to consider "racial balance" and settle for second, and maybe even third or fourth best to do one's bit for "racial balance". "Racial balance" arises from the ridiculous supposition that the races must be represented pro rata to their total numbers in all endeavours. The fact that this supposed ideal has not been achieved by any multiracial society on earth does not deter the racist chauvinists whose purpose it serves from punting it as an absolute imperative, regardless of its moral bankruptcy, and its impracticality in the face of real constraints. Maybe education and integration will, in the long term, move us in some measure to the supposed ideal of "racial balance", but in the meantime the "racial imbalance" racists will use racist practices to artificially, and disastrously, impose the illusion of "racial balance" on us. . .less by flebus on October 21 2009, 23:28 Find this comment inappropriate? Report it

Adv Kolbe SC Adv Kolbe SC's pointed questions are not new, but i commend her for raisiing them in such a forum. People of all walks of life should do as they say. It also pains me as a young African Lawyer to see the same white Advocates representing government . .more departments, and People in Government. Like Zuma, Selebi, Shaik, Mbeki etc. This is so because it says they dont trust African Lawyers with so-called big, complicated matters, as they dont have the skills in such matters. Well the oopposite is true. I think Advocates such as Ngalwana, Lengane, Moerane SC, Ntsebenza SC, Moroka SC, Tokota SC, Maleka SC, and others. Attorneys such as Maserumule, Mushwana a partner and acting Judge of Labour Court, Siyabonga Mahlangu Diirector at ENS, Ndumiso Nkomo, and others who are all rounders and have proven themselves in those so-called complex matters. Who are immidiately available to take up matters for the Zumas of this world, but are never given a chance. I think the problem was correctly pointed out by Michael Mundaene in his book( I AM AN AFRICAN) that most black people, this will include those who dont trust Black Lawyers are suffering from self-hate. A Problem created by apartheid and constantly ignored by our government, which should put palns in place to offset this self-hate. . .less by Skhokho on October 22 2009, 14:36 Find this comment inappropriate? Report it

Kolberish If Zuma was represented by Kolbe he would have been convicted of rape and would be serving time eating porridge instead of Kellogs. I would hire Kemp J Kemp anytime. The best black laywers were not prepared to fight for him because they didnt want to risk . .more the few contracts they had with the state. Look at how much money people like Winm Trengrove have made doing cases for the state. If Kolbe was worth her salt surely we would know her by now. Why do we only know about the Nsebenza's, Moerane's and Seth? . .less by Gambu on October 23 2009, 13:24 Find this comment inappropriate? Report it

Why did Zuma brief white counsel ...... cause he wants to win. Really guys, it's simple...... all this illusion of demographics, representation, AA, BEE ..... when push comes to shove and ANC leaders need doctors, lawyers etc. they choose the best, on merit. Black/white doesn't matter..... the . .more best, that is what counts. That should be the only standard we hold ourselves to. . .less by Comrade on October 23 2009, 14:29 Find this comment inappropriate? Report it

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