Western Cape deputy judge president Patricia Goliath has written a letter of demand to judge Gayaat Salie-Hlophe to retract a “defamatory” press statement wherein she allegedly accused Goliath of making racist statements.

In the letter to Salie-Hlophe on March 24, Goliath said Salie-Hlophe released a press statement on January 25 2020 which bore Salie-Hlophe’s name, was unsigned and  had never been verified under oath or affirmation.

“In the press statement, you [among other things] attributed racist statements to me,” Goliath said.

Goliath had, on January 15 2020, lodged a complaint of gross misconduct against Western Cape judge president John Hlophe and his wife, Salie-Hlophe, at the Judicial Service Commission.

Goliath's complaint was that Hlophe and Salie-Hlophe had engaged in conduct that compromised the proper functioning and integrity of the court and seriously impinged the court’s dignity.

Goliath said Hlophe annexed that statement in support of a counter-complaint he lodged against her.

The statement was annexed in support of a claim of racism and she was subjected to an investigation into the merits of the allegations.

In the letter, Goliath said the counter-complaint by Hlophe was dismissed by the JSC and an appeal against the dismissal of the counter-application was heard in January last year and is still pending.

The press statement enjoyed considerable coverage in popular and social media and she was referred to as a “known racist”.

“The allegations of racism are wrongful and defamatory and were made with the intention of injuring my reputation, dignity and integrity,” Goliath said in the letter.

The allegations of racism in statements allegedly made by her are regularly resuscitated in the media, most recently after a shooting incident at her home.

Goliath said Salie-Hlophe’s statement continued to cause substantial damage to her reputation.

The press statement compromised her status, good name and reputation as a judicial officer.

“I hereby demand that you publish a prominent and full retraction of the defamatory press statement together with an acceptable apology on or before April 13 2022, failing which I will exercise my legal remedies against you without further notice.”

Goliath said such proceedings will be instituted subject to compliance with provisions of section 47 of the Superior Courts Act.

The section provides that no civil proceedings may be instituted against any judge except with the consent of the head of that court. This means that Goliath will need the consent of Hlophe to institute proceedings against Salie-Hlophe.

A request for comment has been sent to Salie-Hlophe and the article will be updated once a response is received.

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