A SEASONED Pietermaritzburg-based public prosecutor of Indian descent has claimed that a white woman magistrate called her a “c*****” to her face in her chambers, on two occasions.
The prosecutor detailed the happenings of February 17, the day on which the alleged racial slurs were made, in a commissioned affidavit.
The Regional Court magistrate apparently tried to make light of the utterances on both occasions, but the c***** jibes “offended” the prosecutor.
What incensed her further was the blasé, “not bothered” approach taken by some of her local superiors from both the National Prosecuting Authority (NPA) and the Regional Court, regarding her complaint.
Her attorney, Kogulan Chetty, of law firm Chetty, Asmal and Maharaj, sent letters to the local NPA and Regional Court heads this week, calling for their responses.
The magistrate refused to comment.
“I am not allowed to speak with the press. I will provide my response to the Regional Court head on or before March 15,” she said.
The prosecutor stated that she was conversing with the magistrate in her chambers about a matter they were due to handle the next day (February 18).
The conversation shifted to “perfumes” and other casual matters, with the prosecutor saying she enjoyed shopping at a particular retail outlet because of the complimentary items she got with her purchases.
“Gosh, you’re a real c*****, no offence,” was the magistrate’s response, which “shocked” the prosecutor.
“I didn’t know what to say. I let it slide because she said it as a joke. But I was offended. No one has called me a c***** before,” the prosecutor stated in her affidavit.
Later that day, the prosecutor returned to the magistrate’s chambers about an attorney’s query.
She noticed the magistrate was in an emotional state. The magistrate told the prosecutor that a regional court official was not satisfied with her (the magistrate’s) performances in court.
“I felt bad for her and managed to calm her down,” the document read.
They then talked about court matters.
The magistrate spoke about a matter in May, where people of Indian descent were the main protagonists.
“Oh it’s going to be a real c***** trial,” was the magistrate’s alleged comment, which left the prosecutor tongue-tied.
“I was shocked that a magistrate could utter such words,” she stated.
Unsure what to do, she eventually shared her experiences with her supervisor who suggested she write an email.
“Am I being too sensitive about being called a c*****. Should I just leave it and carry on working with the magistrate as her contract was due to expire in April,” was among the thoughts playing out in the prosecutor’s mind.
“I really did try that week to work as normal with the magistrate, while battling with my feelings and emotions,” she said.
She then decided to email her complaint to her supervisor, who then forwarded it to a head in their department.
The prosecutor said the head “didn’t even bother to acknowledge my email”.
“My complaint was not taken seriously,” she said.
She continued working alongside the magistrate, with “rage and hurt burning inside her”.
“I felt so disrespected, humiliated and degraded. How can a magistrate utter that word to my face?”
Forced to continue working in the same court as the magistrate, and having received no NPA response, she then informed a high-ranking regional court official.
He said he was waiting for the NPA’s response before he decided what to do.
She was “flabbergasted” when he told her to continue as is, because the magistrate’s contract was ending in April.
The official asked if anyone else heard the utterances and said that he could do nothing.
He added that all eyes were on him, the magistrate was a white female, and that if he did something it would raise eyebrows.
She wondered whether the regional court official or the NPA would have taken the matter more seriously if other racial profanities were uttered, which could have caused a political and media storm.
The prosecutor said that initially she wanted the magistrate to be spoken to about her harmful comments, but realised that such behaviour cannot be tolerated, it was unacceptable for her to sit as a magistrate and needed rehabilitation.
The regional court official declined to respond to the Sunday Tribune’s questions.
Advocate Elaine Zungu, KZN’s Director of Public Prosecutions said the prosecutor’s allegation was against a magistrate. Therefore, the Judiciary would handle the complaint.
Regarding the prosecutor’s claim that an NPA official did not give her allegations the desired attention, Zungu said there were internal processes available to her, and she couldn’t comment further.
Michael Nieuwoudt, the acting secretary of the Magistrates Commission, said they hadn’t received an official complaint as yet.
He said all complaints were dealt with in accordance with relevant legislative guidelines.
“The Commission will request comments from the KZN regional court official as well as the magistrate, before any action is taken,” he said.
Nieuwoudt also suggested the prosecutor consider approaching the Equality Court with her complaint.
SUNDAY TRIBUNE