Democratic Alliance press statement by

Adv. Glynnis Breytenbach MP

DA Shadow Minister of Justice

DA reports Judge Jansen to the Judicial

Services Commission
09 May 2016
Release: immediate
The DA will refer the Judge Mabel Jansen matter to the Judicial Services Commissions
(JSC) Judicial Conduct Committee for a review of whether an investigation is in order
following what appears to be racism expressed on the social media platform, Facebook.
Given the gravity of this complaint; it is important that this committee is apprised of all
the facts in this regard and satisfies itself that Judge Jansen indeed acted in
contravention of her judicial oath.
We have also requested that the South African Human Rights Commission conduct their
own investigation into the matter.
The Judges comments that rape is part of black culture is not only hurtful and
demeaning, but fundamentally undermines the dignity of our people, and in doing so,
violates the Constitution of the Republic of South Africa.
Article 7(a) of the Code of Judicial Conduct states that a judge must at all times
personally avoid and dissociate him- or herself from comments or conduct by persons
subject to his or her control that are racist, sexist or otherwise manifest discrimination in
violation of the equality guaranteed by the Constitution
Judge Jansen's comments on social media seem at odds with this code. The JSC is
empowered in terms of Section 177(1) of the Constitution to recommend that a judge be
removed for amongst other things, gross misconduct, following an investigation.
Racism is not welcome in our constitutional democracy. It offends the very pillars of our
democracy and undermines the vision of Nelson Mandela that South Africa is one nation,
united in our diversity, belonging to all who live in it. It also stands opposed to the DAs
Vision of One Nation with One Future based on the values of Freedom, Fairness and
Opportunity.
We therefore urge that this constitutionally set out investigation be initiated and that this
serious matter receive the necessary attention that it deserves.
Media enquiries:
Adv Glynnis Breytenbach MP
DA Shadow Minister of Justice
076 306 7850
Samkelo Mgobozi
Manager: Press Office
071 863 6774