JSC sets November hearing for Judge Belinda Hartle over alleged racial slur

Judge Belinda Hartle's hearing for allegedly using a racial slur against an Eastern Cape High Court has been set for 9 to 18 November.

The Judicial Service Commission has confirmed that the hearing against Judge Belinda Hartle of the Eastern Cape Division of the High Court will take place in Sandton from November 9 to 18. 

The Judicial Conduct Tribunal (Tribunal) appointed retired Justices of the Supreme Court of Appeal Justice B H Mbha, as the Tribunal President and Judge S E Weiner as a member of the Tribunal. Advocate P Seleka SC was appointed as a non-judicial member of the Tribunal. 

The tribunal will convene to hear a complaint lodged by Thozamile Semekazi, an employee of the Office of the Chief Justice stationed at the High Court in East London. 

According to Judges Matter, Semekazi alleged in his complaint that Hartle made derogatory and racist remarks to him in her chambers on May 15, 2025.

According to the Judicial Conduct Committee (JCC) ruling, Semekazi said he delivered case files to the judge’s office, and while he was talking to the secretary, the judge walked in. 

The secretary then told Judge Hartle that Semekazi was there to deliver files related to case flow management for her attention. He alleged that she hurled expletives at him, including calling him a “k*****”. 

He also alleged she said the racial slur “with a confident, loud and aggressive firm voice,” before leaving. 

Semekazi says that Hartle reacted that way because she was irritated that the files were delayed, and complained that the judge did not allow him to speak and only listened to her secretary. 

He also alleged that the judge’s secretary seemed visibly amused and entertained by Hartle’s conduct. Semekazi said Hartle later sent him WhatsApp messages to apologise for what her conduct.

Semekazi added that Judge Hartle's usage of the K-word showed she was not fit and proper to hold office.

“To me this means that all the African people she works with, judges, advocates, admin officials and the Chief Justice as well as the President of the country are "k*****" to her. This K word is highly insulting, and any person using it is not fit to be part of the current South Africa unless and until that person undergoes an extensive rehabilitation,” he said. 

Semekazi said the judge’s insults constituted humiliating and demeaning conduct, which led to a major depressive disorder and resulted in him being hospitalised for treatment.

In her response to the allegations, Hartle gave a timeline of events similar to Semekazi's. She said she had not met Semekazi before the incident, but claimed he had been tardy in handling the case management files in the past. 

When she entered the office, she did not expect to see Semekazi there and told him that she would not be accepting the ‘chair load of files'. 

She claimed her sharp rebuke must have upset Semekazi, adding that she only used one swear word. 

“My expression of frustration with regard to the Registrar's abuse of my kindness was directed at Ms Frost and her alone. I used a single expletive. I hardly had time to consider who was present in her office before the word had slipped out,” Hartle said.  

The judge also denied using a racist word. The JCC noted in its ruling that Hartle did not clarify the exact swear word she used during the interaction. 

The judge also accused Semekazi of laying a bogus charge against her with the police. 

On December 9, 2025, three judges on the JCC ruled there was a prima facie case of gross misconduct and recommended that the JSC appoint a tribunal to investigate the allegation.