Thozamile Semekazi testifying before the Judicial Conduct Tribunal. Photo: The South African Judiciary/Facebook
- The tribunal looking into racism allegations against Judge Belinda Hartle went in camera on Friday to look at the complainant’s medical records.
- Thozamile Semekazi was hospitalised shortly after the alleged incident and returned to work about a month later.
- A senior court official testified that Semekazi did not mention a racial slur when he initially complained about the incident. The slur was first mentioned after he returned from sick leave.
The Judicial Conduct Tribunal probing racism allegations against Eastern Cape Judge Belinda Hartle went “in camera” at lunchtime on Friday when confidential medical records of the complainant were scrutinised.
Registry clerk Thozamile Semekazi has accused Hartle of hurling insults at him, including the k-word, in her secretary’s office in May 2025. Hartle denies the allegations. She admits that she used the f-word out of frustration but says it was not directed at Semekazi.
Earlier this week, Semekazi insisted that Hartle’s tirade lasted between five and ten minutes. But on Friday, during cross-examination, he conceded that it was probably five. He said he knew that because “I was the one who was there”.
But advocate Fabian Pretorius, acting for Hartle, said this was impossible. It could not have taken even one minute for the judge to say what she allegedly said. He suggested that the tribunal “sit in silence for five minutes” to get a sense of how long that was.
Pretorius started taking the tribunal through a psychiatrist’s report from 6 June 2025, which detailed what Semekazi had told her while he was in hospital. Pretorius said the specialist would be called to give evidence.
The tribunal had heard evidence this week that Semekazi did not return the day after the incident. He consulted a doctor and was admitted to a mental health institution ten days after the incident. He remained booked off until at least mid June.
Pretorius referred Semekazi to a section of the report, which noted his complaints of being repeatedly criticised and humiliated at work.
Pretorius pointed out that, even on Semekazi’s own version, there had only been one incident involving Judge Hartle.
He also referred to another section of the report recording that Semekazi said he had become “increasingly dysfunctional at home and work”. Pretorius put it to Semekazi that this could not have been the result of the alleged incident as he had not returned to work.
Semekazi did not directly respond to these questions. He suggested the statements in the report were referring to what Hartle had said to him, and the conduct of her secretary after he had returned to work.
Pretorius said he was being evasive.
“It’s clear we are not going to get more … I will move on,” he told the tribunal.
After a short break, tribunal president Justice Boissie Mbha said the medical records were confidential and not for public consumption. The proceedings continued behind closed doors.
Earlier in the day, the director of court operations in the Eastern Cape, Denim Kroqwana, was cross-examined.
On Thursday, Kroqwana had testified that on the day of the alleged incident, Semekazi came to him in tears to report that Hartle insulted him. Semekazi did not mention then that she had used a racial slur.
On Friday, Kroqwana said he was surprised when the racial slur was mentioned in Semekazi’s written grievance, which he submitted after he returned to work from sick leave.
He agreed that his office was separated from Hartle’s secretary’s office by only a drywall and that if someone spoke loudly, he could hear it. He did not hear anything on the afternoon of the incident, he said. He also did not hear Hartle use the f-word, which she has admitted saying.
The tribunal is scheduled to sit for three days next week.
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