Kiss-a-thon in Stellies page 2
What xenophobia means for UCT
Holiday adventures
page 10
page 16
29 July 2008 · Volume 67, Number 8 · 021 650 3543 · varsitynewspaper@gmail.com
Alleged paedo- Deputy Registrar phile Prof skips condemns court country
Paul Ngobeni has defended Judge John Hlophe in a complaint against the Constitutional Court
Alessandro Rossi and Zerene Haddad
left South Africa, the matter has now passed onto the police and the issue of pressing charges lies A FORTNIGHT ago, SABC 3’s with them. Special Assignment aired ‘Finale Hall added that, ‘When this for a Paedophile’ in which they became a public issue, we immeexposed former UCT College diately spent time with staff and of Music Associate Professor, students in the College of Music to Graham Fitch. The episode leveled listen to their concerns and to proallegations against him of sexual vide them with as much informaabuse and preying on young street tion as we were able to do. I think children in Cape Town as well as that most people understand that being a drug addict. The inves- we do not tolerate sexual abuse tigation into the matter had been and do everything that we can to ongoing for over a year, but was prevent it.’ only made public recently. At UCT, the Discrimination In the wake of this controversy, and Harassment Office deals with Deputy Vice-Chancellor, Martin such allegations; it leads education Hall, spoke to VARSITY about the campaigns aimed at prevention fact that Graham Fitch remained and provides full counselling and an employee of UCT for such support for anyone who feels that a lengthy time period consider- they are a victim of sexual abuse. ing the gravity of the allegations: UCT has recently drawn up new ‘We were asked by the police to policies for sexual harassment keep the matter completely con- and sexual offences which were fidential, so that they could pur- agreed upon last year and passed sue their inquiries. We did not by Council in March. imagine that this condition would Earlier in June, the first epihold for more than a year and, if sode did not name Fitch as the the police had told us at the time offender, as charges had not been that they needed a year, we would pressed. However, his sudden not have agreed to this condition. departure from South Africa the Given the time that the police took week before the first episode was with this inquiry, I think that the aired, led to the follow up which University would in future ask for explicitly ousted him. Martin a clear and binding time limit to Hall, and SRC President, Thulani a confidentiality agreement with Madinginye, gave comments to the police.’ Special Assignment reporters. Fitch resigned from UCT Madinginye could not be reached before the University could hear for comment at the time of going charges against him. In light of to print. this, and the fact that Fitch has
Nabeelah Martin DEPUTY Registrar of UCT, Paul Ngobeni, has questioned the impartiality and legitimacy of the Constitutional Court. In a complaint laid with the Judicial Services Commission, Ngobeni accuses the Court of going against protocol when they issued a press release alleging that Judge John Hlophe had attempted to influence members of the bench. In the complaint, Ngobeni says: ‘In order for any ‘court’ to make pronouncement on or adjudicate the interests of the parties, all interested persons must be afforded constitutionally adequate due process. That opportunity was never afforded to Judge President Hlophe.’ Ngobeni also accuses the Court of prejudicing and pre-empting the result of JSC proceedings which are still pending. He says the press statement was, ‘clearly intended to provoke public condemnation of Judge Hlophe…’ According to Professor Pierre de Vos, the constitutional law lecturer at the University of the Western Cape, only the JSC is under an obligation to keep the examination of a judge confidential at least during the initial stage. Those who lay the complaint (the Constitutional Court) are not obliged to keep their complaints confidential. Ngobeni has also been involved in talks with Judge Willem Heath and Professor Sipho Seepe, in an
Paul Ngobeni - champion of Jacob Zuma and Judge John Hlophe apparent effort to get Jacob Zuma’s case struck off the role. Earlier this year, Ngobeni wrote an open letter to Arthur Chaskalson and George Bizos, in which he wrote: ‘Zuma is entitled to argue for a dismissal of his case under the doctrine of abuse of process.’ In the letter, Ngobeni castigates the National Prosecuting Authority, accusing them of, ‘gross abuse of our judicial system in a manner that has irreparably destroyed Zuma’s chance of getting a fair trial.’ He also denounces Lawrence Mushwana’s statement that the NPA had a prima facie case against Zuma, but they wouldn’t prosecute since the case was not winnable. He said this statement was ‘presumptively prejudicial,’ and that the NPA had unjustifiably delayed the case.
Applications for positions on VARSITY Newspaper 2009 are now
open
See page 9 for more infomation Varsity, the official student newspaper since 1942, is committed to the principles of equality and democracy
Ngobeni’s statements have been the inspiration for Gwede Mantashe (Secretary General of the ANC). Mantashe has used Ngobeni’s line of thinking to declare that the Constitutional Court is using the Hlophe case as a, ‘psychological preparation of society,’ of a guilty verdict for Jacob Zuma. Ngobeni banned from practising in the US Ngobeni has been found guilty of misconduct in the US, and has been barred from practising in three States. He is facing charges of fraud, forgery and illegal practice in Connecticut. Ngobeni is not qualified to practice in South Africa.