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What xenophobia means for UCT
Holiday adventures
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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 A FORTNIGHT ago, SABC 3’s Special Assignment aired ‘Finale for a Paedophile’ in which they exposed former UCT College of Music Associate Professor, Graham Fitch. The episode leveled allegations against him of sexual abuse and preying on young street children in Cape Town as well as being a drug addict. The investigation into the matter had been ongoing for over a year, but was only made public recently. In the wake of this controversy, Deputy Vice-Chancellor, Martin Hall, spoke to VARSITY about the fact that Graham Fitch remained an employee of UCT for such a lengthy time period considering the gravity of the allegations: ‘We were asked by the police to keep the matter completely confidential, so that they could pursue their inquiries. We did not imagine that this condition would hold for more than a year and, if the police had told us at the time that they needed a year, we would not have agreed to this condition. Given the time that the police took with this inquiry, I think that the University would in future ask for a clear and binding time limit to a confidentiality agreement with the police.’ Fitch resigned from UCT before the University could hear charges against him. In light of this, and the fact that Fitch has
left South Africa, the matter has now passed onto the police and the issue of pressing charges lies with them. Hall added that, ‘When this became a public issue, we immediately spent time with staff and students in the College of Music to listen to their concerns and to provide them with as much information as we were able to do. I think that most people understand that we do not tolerate sexual abuse and do everything that we can to prevent it.’ At UCT, the Discrimination and Harassment Office deals with such allegations; it leads education campaigns aimed at prevention and provides full counselling and support for anyone who feels that they are a victim of sexual abuse. UCT has recently drawn up new policies for sexual harassment and sexual offences which were agreed upon last year and passed by Council in March. Earlier in June, the first episode did not name Fitch as the offender, as charges had not been pressed. However, his sudden departure from South Africa the week before the first episode was aired, led to the follow up which explicitly ousted him. Martin Hall, and SRC President, Thulani Madinginye, gave comments to Special Assignment reporters. Madinginye could not be reached for comment at the time of going to print.
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.
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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.