Beleaguered high court judge Mabel Jansen has asked for a number of extensions with regards to disciplinary processes within the Judicial Service Commission (JSC), following a post she made on Facebook regarding black men and rape.
The latest extension requested by Jansen was for end August. In May, Jansen was exposed by social activist Gillian Schutte, following a Facebook conversation they had last year, in which the judge said of black men: “In their culture, a woman is there to pleasure them. Period. It is seen as an absolute right and a woman’s consent is not required. I still have to meet a black girl who was not raped at about 12. I am dead serious.”
“Jansen asked for several extensions,” said the JSC’s advocate Dumisa Ntsebeza. “She has been asked to make a substantive application in the form of an affidavit for the extension till the end of August.
“And that’s where we are – the Judicial Conduct Committee (JCC) is considering that.”
Ntsebeza said part of the delay was the winding up of Jansen’s estate, and a trip she made to the US.
“We are waiting for the JCC to make a recommendation as to whether the chief justice (Mogoeng Mogoeng) should conduct the tribunal.”
The Black Lawyers’ Association (BLA), in a memorandum it handed to the Judge President of the Gauteng division of the high court, Justice Dunstan Mlambo, said Jansen, as a judge, was expected to fight all forms of unfair discrimination, but instead became a perpetrator of racism.
“To generalise and conclude that all black men are rapists is a racist remark outlawed by the constitution,” said the BLA.
“It shows her prejudice against black people as a whole. She cannot be trusted to adjudicate on criminal cases (rape and murder) involving black people, either as culprits or victims.
“The conduct of Jansen is a capital offence for a judicial officer, which amounts to gross misconduct. Judges are not a law unto themselves. Judges account to the people of South Africa through the constitution.”
It called for Jansen to resign, for her to be impeached and for a judicial review of all the criminal cases – especially rape and murder – that she presided over in which black people were involved.