Another Document on the matter as well:
Another Document on the matter as well:
The African National Congress Women’s League (ANCWL) unapologetically and strongly believes that gender-based violence has no place in South Africa (SA) and it must be fought by all in the society for women to live happily as equal citizens in the country. The crime statistics for 2014/15 has shown a significant decrease of recorded cases on sexual offenses to have decreased by 7.4%, from 46,647 to 43,195 respectively however the ANCWL does not celebrate such a decrease as the numbers still remain high.
The ANCWL is disappointed by the likes of Judge Jansen who is supposed to uphold the rule of law in an objective and unbiased manner, defining rape as a black culture. Her comments made on Facebook where she claims that the rape of young children is part of black culture, are purely racist and misrepresentation of facts about black culture. The comments are not in anyway assisting in fighting the scourge of sexual abuse in the country.
The ANCWL respects Judge Jansen’s right to participate in public debate but ANCWL has a view that her utterances on rape as being a black culture undermines the standing and integrity of the judiciary. It is the ANCWL’ s view that she violated Article 7 (a) of the Code of Judicial Conduct for South African Judges adopted in terms of section 12 of the Judicial Service Commission Act, 1994 (Act No 9 OF 1994) which requires her that at all times personally avoid and dissociate herself from comments that are racist, sexist or otherwise manifest discrimination in violation of the equality guaranteed by the Constitution.
The ANCWL has lost trust that Judge Jansen will preside over cases of rape fairly in future and therefore calls on Judicial Services Commission to decisively deal with her and relevant bodies to investigate if these utterances do not justify her being de- registered from the legal fraternity.
Whilst the ANCWL calls for gender transformation of the judiciary, the women’s league does not support views coming from any person irrespective of gender or race that reduces the violent sexual abuse of women in our country as black culture. Sexual abuse knows knows no race or social status it affects us all.
ANCWL urges all members of the society to work together in dealing with violence on women and children. All our efforts are required in redressing violence faced by women and children in SA
Issued by: ANC Women’s League
Cde Meokgo Matuba
ANCWL, National Spokesperson
+27 (82) 6523131
What she said on Facebook:
She might ask for forgiveness for her actions.. but this is not the way a judge should speak or express their views. It’s horrific and proves the fragile faith of the system; When a person as racist as this says this about other people (and is a judge!). I am white and I am pissed as she does not have right to speak this way or address fellow brother’s and sister’s in this way, period.
I am disgusted and disappointed to know that this one is a Judge at a well-established court; who takes stand on court cases and take decisions on official matter in court of law. She should know her place and her posistion. Secondly be a human being who respect other human being, not making anybody criminals, before their evidence and affidavit are proven in court. This here is just so wrong and spiteful. Peace.
“Tunoi Tribunal Sworn In Despite Controversy Over Rao Age” (Citizen Kenya TV, 2016).
After further consultation and review of the relevant provisions of the Constitution, and given the strict timelines for the setting up of a Tribunal for the investigation of a Judge, I have today suspended Justice Philip K. Tunoi, as a judge of the Supreme Court, with immediate effect, and appointed a Tribunal to investigate his conduct.
I have made this decision, despite my concerns regarding the pending matters before the Court of Appeal, as to the correct age of retirement for Judges who served under the previous constitutional dispensation. I believe that my concerns may now be addressed by the Tribunal itself, which may independently consider the merit, if any, of such concerns, should it be raised before it.
I reiterate my commitment and fidelity to the Constitution of Kenya, and confirm that I will continue to uphold and defend it, as I have from the first day I took oath of office as President. Nothing less should ever be expected from me and the office I hold in trust of Kenyans.
I hereby appoint the following to be the members of the said Tribunal:
23rd February, 2016
“President Uhuru Kenyatta has suspended Supreme Court Judge Philip Tunoi and formed a seven-member tribunal led by Sharad Rao to probe his conduct over bribery allegations. The announcement was made Tuesday afternoon by State House spokesman Manoah Esipisu through his official twitter handle. Esipisu said: “After further consultation, President Uhuru Kenyatta suspends Justice Philip K. Tonui as judge of the Supreme Court.” (…)”President Kenyatta appoints seven-member Tribunal, chaired by Sharad Rao to investigate conduct of Justice Tonui.” Other members of the tribunal are: Justice Roselyn Korir, Justice (Rtd.) Jonathan Havelock, Judith Guserwa, James Kaberere Gachoka, Abdirashid Abdullahi Hussein and George Munji Wakukha” (Kenyan Citizen TV, 2016).
The Judicial Service Commission has this afternoon received the report of the Special Committee set up on 27th January 2016 to inquire into the allegation of bribery against Hon Mr. Justice Phillip K. Tunoi.
The Commission has deliberated upon and adopted the report.
The Commission is satisfied that from the totality of the material and information presented before it there was inappropriate interaction and communication between the Hon. Mr. Justice Phillip K. Tunoi and agents of a litigant in a matter pending before the Supreme Court. This in the opinion of the Commission amounts to gross misconduct and misbehavior, sufficient to warrant the establishment of a tribunal to further investigate the matter.
Secondly, as to whether or not there is material to suggest that a bribe was given to the Hon. Mr. Justice Phillip K. Tunoi on 27.8.2014 in order to influence the decision in Supreme Court Election Petition No 18/2014 Evans Odhiambo Kidero & 4 Others -Vs- Ferdinand Waititu Ndungu & 4 others to favour the Petitioner, the Commission is satisfied that this is an issue that requires further investigation by the said tribunal.
Arising from the foregoing, the Commission is satisfied that a Prima Facie case of gross misconduct and misbehaviour has been disclosed against the Hon. Mr. Justice Phillip K. Tunoi.
The Judicial Service Commission shall therefore recommend to his Excellency the President that a tribunal be established to investigate the matter.
Dated at Nairobi this 5th day of February, 2016.
HON. DR. WILLY MUTUNGA, D.Jur, SC, EGH, SEGH
CHAIR, JUDICIAL SERVICE COMMISSION
“A special committee of the judicial service commission investigating bribery allegations against Supreme Court judge Philip Tunoi says it will present its findings this Friday. This after the expiry of the period within which it was supposed to complete hearings from justice Tunoi, Nairobi governor Evans Kidero and others implicated in the allegations. The committee which was appointed last week had been given seven days to complete the task” (KTN News, 2016)
“Kidero, I Didn’t Bribe Tunoi” (Kenya Citizen TV, 2016)
“2 million US dollars can fit into 2 standard size suitcases. Kiplagat alleges Kidero bribed Justice Tunoi with 2 million dollars. 2 million US dollars would weigh about 20Kgs” (Kenya Citizen TV, 2016).
“Supreme Court Judge Phllip Tunoi sought to discredit his accuser in the Sh 200 million bribery saga as he fought off allegations that could bring down his career and those of several colleagues. Appearing before a committee probing the allegations Tunoi said an affidavit implicating him was possibly drawn by judiciary staff in an elaborate plot to end his career. As Francis Gachuri now reports Tunoi’s accuser Geoffrey Kiplagat also appeared before the committee that has until Wednesday to submit its findings” (Kenya Citizen TV, 2016).
Think, that is enough for now. Peace.