‘Portraits should not hold court’

Legal experts say the portraits of politicians adorning the Western Cape High Court foyer are “misleading to the public” and need to be addressed with “urgency”.

This comes four months after the Cape Times first reported on the controversial portraits of president Jacob Zuma, deputy president Kgalema Motlanthe, justice minister Jeff Radebe and deputy justice Minister Andries Nel.

It is also some nine months since the Cape Bar Council resolved that they be taken down.

At the time, judge president John Hlophe said the portraits were put up while he was on long leave and referred the matter to chief justice Sandile Ngcobo. Despite several attempts over the four month-period by the Cape Times to get comment from Ngcobo, he has yet to address the matter.

The portraits’ presence sparked debate in legal circles - with judges and legal practitioners divided. At the heart of the issue is the independence of the judiciary and the separation of powers in terms of the constitution.

But, on Monday, legal experts hit out at the portraits, saying the public’s perception of the courts could become distorted.

Nico Steytler, director of the Community Law Centre at the University of the Western Cape said: “The reason there are portraits of ministers in government departments is because those are the people who are usually accountable.

“The same argument, however, does not apply in terms of courts as these are not the people who are accountable for the administration of justice.”

Steytler said the portraits “mislead” the public.

“It’s inappropriate. The way people experience justice is usually based on the outcome of cases, but justice should not only be done, but should also be seen to be done with the emphasis that courts do not fall under the executive.”

One of the directors at the Institute for Accountability in Southern Africa, Paul Hoffman SC, said the fact that the portraits were still hanging was “lamentable”.

“This should be dealt with as a matter of urgency. They shouldn’t even be there. It’s lamentable that so little has been done.”

He said that, when it came to the country’s courts, it was best to “stick to pop art and not bother with portraits”.

Political analyst Keith Gottschalk agreed.

“There is certainly no need to hang up anyone’s portraits in a court,” he said. “One could say that was possible in the department of justice, but courts are not quite like the department of justice. They are autonomous.”

Cape Bar chairman Alasdair Sholto-Douglas SC said they had since referred the matter to the General Council of the Bar (GCB), which had resolved to take it further.

GCB chairman Rashid Vahed SC, however, could not be reached for comment as he was on leave. Allister Slingers in Ngcobo’s office did not respond to calls and messages. - Cape Times