This black white thing really confuses me.

Internationally respected Judge Johann Kriegler, the 9 Cape Town silks and 14 Pretoria silks who recently wrote letters to the press, the host of Cape Town and Stellenbosch law professors and the several law lecturers who also recently stood up to be counted, and I, were all been dumped into the dock by commentator, Paul Ngobeni, accused – nay, convicted - of a smorgasbord of nasty and unethical rabid racist sins (“Why Hlophe should remain as judge president”, Cape Times, 17 October):

Like lions do, there is a territory marked for white group in the Cape Town. Judge Hlophe brevity is the reason that makes this territorial marker to feel threatened that their protected young may be exposed for their weaknesses.

What happened to the allegations that a prominent law firm in Cape Town paid the learned judge's son's school fees? Or were they university fees? And does it matter?

In response to the disgraceful “opinion” posted on your site today, by a certain Lindelani Maseko, who in my opinion is rather brave to include a name bearing in mind the narrow minded trash posted, I would like to respond as follows.

Can you white people stop pushing this. We're now tired. We're even reluctant to read Legalbrief, please stop annoying us.

The Disciplinary Committee of the Judicial Service Commission (JSC) has supplemented its initial terse press release concerning its deliberations on the complaints against Cape Judge President John Hlophe. Its second somewhat longer press release provides a little more detail of the view of the majority of the committee but says nothing about the thinking of the minority, nor does it disclose the number and identity of those in the minority.

Not too long ago Acting Judge Ngcamu (of the Labour Court bench) was lambasted by the JSC and George Bizos, who indicated his concern that the KZN Law Society had taken action against Ngcamu.

I wish to add my two cent's worth of opinion in this matter. Colleagues, we all know that this is not about race but is about justice. Justice was not seen to be done in this case.

It is perishing that people like Mr Carl Wille and others like him will claim to be representing majority of South Africans in a matter of this nature.

A lot of the over the top criticism of the JSC decision is is not a question of race, but mawkish morality. The invective directed at this body is suspect in the context of disciplinary actions in general.

Two High Court attorneys have written to the Judicial Service Commission, urging it 'to take us into their confidence and to disclose fully the evidence on which it based its decision' in the Judge Hlophe matter. They add: 'On such an important matter, and given the facts already in the public domain, it is not constructive to suggest that we should be content merely with the decision and the media statement from the JSC'.

I noted a comment from 'Just Curious' about the impact of this Act and the application thereof to Hlope Saga. While this question was not posed to me, but the SC who referred to it, I would like to offer an answer, in the absence of one.

One cannot help but see this matter as a racial one.

Unintended consequences. Rule of law. Undermine judicial processes. Very eloquent. Definitely no shortage of lawyers in the room.

Nadel notes with concern the debacle that surrounds the Judicial Services Commission on the matter of the Judge President of the Cape, Justice Hlophe. The commentary around this matter has unfortunately led to unintended consequences.

The judiciary has always been in question. Even before the 'Mandela and others’ trial is a case in point.

The big difference between Judge Hlophe's conduct and the error of the Supreme Court of Appeal is the difference between a mistake and integrity.

It is interesting to note the division along racial lines in this matter. It was one of the first things I noticed. Not long ago, I wrote about the whole issue surrounding the decline of the legal system and I believe recent events have fast-tracked the whole process. When one looks at the Pikoli saga and the President’s statements about the possible political consequences it is clear that Mr. Mbeki has overstepped the bounds and meddled in what used to be an independent judiciary. It seems that those days are now gone.

Am I surprised by the noise around the Hlope saga? No! No, because an African judge was under scrutiny and the properly constituted body, the JSC, by an 'African majority' found nothing wanting in his 'racially prejudicially' perceived unethical conduct with his relations with Oasis.

I was hoping that the Senior Counsel who have spoken out against Judge Hlophe could assist the subscribers to LEGALBRIEF with the interpretation of S8 of the Prevention and Combatting of Corrupt Activities Act 12 of 2004 and its applicability, if at all, to the facts in this matter?

As a lawyer, I am tempted to engage in unemotional reasoning to reach a logical conclusion in this matter. I shall however refrain from doing so, as any such reasoning by a white South African regarding this extremely serious matter is likely to be attacked by my fellow black lawyers as being racist and in conflict with African values.

As a law student at UCT, I wish to air my concerns regarding the Hlope matter.

Judge Hlophe should resign and Judge Kriegler has argued for resignation convincingly. The JSC has proved to be a toothless body and the new legislation seems to be a waste of time as it will not censure any judicial officer. Judge Desai should also go as he has also brought the judiciary into disrepute.

As a legal practitioner internationally qualified it is sad to note that the independence of the judiciary is being compromised.

Kriegler should have known better than to attack the JSC decision based on the media reports.

The facts of the matter appear to be uncontentious. In addition, a reading of the judgement of Harms JA in the matter of the Pharmaceutical Society v Tshabalala- Msimang will reveal a fair amount about this particular judge's attitude to his work and to the litigants who appear before him. Despite all this he, like our now infamous parliamentarians involved in the Travelgate saga, retains his job and all that goes with it.

We are all senior counsel in practice at the Cape Bar. Some of us are former chairs of the Bar, and of the General Council of the Bar of South Africa, and from time to time have served, too, as acting High Court judges.