The Justice for Hlophe Alliance has noted the consistent attempts by various analysts and commentators to undermine transformation through the application of buzzwords like "racial bean-counting". Whereas we would naturally expect these diversion tactics to be applied mostly by the elite minority - who seek to protect their ill-gotten privileges - it is shocking to read (Warning lights are flashing for the judiciary - Business Day, 30 July 2009) that a renowned human rights activist of Rhoda Kadalie's stature has succumbed to this low ebb and disgraceful level of reasoning (see article).

Before we delve into the exercise of elaborating on our interpretation of "transformation", we wish to state beforehand that we do not do so because Kadalie's tantrums are worthy of any dignified response, but because it is part of our mission to continuously bring back and take other fair-minded South Africans into our confidence. Contrary to Kadalie's obsession with number crunching, our understanding of transformation is about the entrenchment of "values" representative of the society's demographic make-up and redresses the imbalances of the past. We believe that this objective would be best attained if and when we have the correct people in leadership positions across all social structures and clusters, including the judiciary. It is based on this premise, that we took a decision to nominate Hlophe JP as our preferred candidate for the chief justice of the highest court in the land.

In our founding statement - as published on our website (www.justiceforhlophealliance.co.za) - we unambiguously state that "our goal is to build a public consensus behind an independent and non-racist judiciary and respect for the rights, human dignity and due process rights of the hardworking judges who form the pillar of our justice system and who are often subjected to unfair, unwarranted and politically motivated attacks". Thanks to Ms Kadalie, we again have an opportunity to prove to fair minded South Africans that because of the continuing "unfair, unwarranted and politically motivated attacks" on Hlophe JP, ours is a task long overdue.

It is not only laughable, but also irresponsible for Kadalie to call for the judiciary to rebel against the executive, making a mockery of the "separation of powers" between the judiciary and executive. It remains our understanding that this constitutional principle requires both the executive and the judiciary not to overstep their mark, and not interfere in each other's legislative duties. This reminds us of yet another laughable plea prior to the elections, when someone stood on a pedestal and claimed that they would be ashamed of calling the President, their president. Kadalie is indirectly saying that she too would be ashamed to call Hlophe her Chief Justice should he be appointed in this position. Frankly, such a call surpasses hatred and borders on insanity but, it also demonstrates the extent to which the "Hlophephobia agenda" continues to be eluded by rational thinking.

Ms Kadalie is in essence trying to hold the President to ransom with emotional blackmail but it won't work. We would naturally expect a human rights activist to contribute to the judicial debate with focus on condemning any abuse of such rights where they might have emanated. It is ironic that of late, the best human rights activists the country has, have turned a blind eye on gross human rights violations because of prejudices and class related hatred. The least we expect is for a human rights activist to assault the same cause he/she is meant to champion. At the risk of stating the obvious, it is public knowledge that Hlophe JP has never been convicted of any wrongdoing. One could only opine that Ms Kadalie allowed prejudice and hatred to cloud her judgment, and simultaneously managed to raise questions around her suitability to advocate for human rights.

It is correct that one of the most important aspects of the constitution is to "curb the abuse of power by the majority". However, the majority must first be in possession of such power, in order for the processes regulating any limit to kick in. We submit that it is a naked lie to claim that the majority has any substantial influence in the judicial interpretation and adjudication processes. We are yet to see the inherent and indigenous values of the majority reflected in our constitutional jurisprudence. It is precisely for this reason that we support

Hlophe's call for the law to be "Africanised".

In conclusion, we wish to reassure the poorest of the poor - those who would be hit hard by the constitutional crisis Kadalie is advocating for - that the Justice for Hlophe Alliance remains committed to ensuring that their voices are not drowned in the intellectual diatribe that dominates the debate on judicial transformation. We would also like to thank thousands of fair minded South Africans who continue to support our million signature campaign in respect of our nomination of Hlophe, and call on many others not to be intimidated from doing so by any populist "Hlophephobia" campaign.

Statement issued by Setumo Stone on behalf of the Justice for Hlophe Alliance, North West Chapter, July 31 2009

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