Western Cape Judge President John Hlophe
CAPE TOWN - The judgment in the court battle between Western Cape Judge President John Hlophe and the Judicial Services Commission (JSC) is expected to be delivered within the next 10 days.
Gauteng Deputy Judge President Aubrey Ledwaba on Monday heard arguments from Hlophe’s counsel, Lihle Sidaki, and Max Du Plessis, who represented Freedom Under Law (FUL).
This included an FUL application to intervene and a Rule 30 application filed by Judge Hlophe, which seeks to set aside the replying affidavit filed by FUL.
Hlophe hit back at the JSC tribunal and further claimed that its findings may have been influenced by retired Constitutional Court justice Johann Kriegler, who is also the FUL’s chairperson.
In August, the JSC voted that the judge president should be removed from office due to gross misconduct.
In Monday’s virtual hearing, Sidaki said no proper case has been made out for FUL intervention as a respondent in the matter on any grounds.
“We respectfully ask for the application to be dismissed. Judge president John Hlophe does not seek costs.”
Du Plessis, however, fired back that Hlophe wants to “shut the door” on FUL being part of the main application.
“We have seen a version of this play or film before in three different ways. Judge Hlophe has tried to keep Freedom Under Law out of previous cases where FUL’s participation was critical. The case involves incautious claims against FUL and Kriegler by Hlophe.
“His claims against Freedom Under Law and Kriegler are of a piece of his attacks against other accusers. We know that in this very case he (Hlophe) attacks members of the JSC, including very senior members of the judiciary.
“Previously, when a complaint was first lodged, he attacked the justices of the Constitutional Court, including the chief justice and the deputy chief justice, and now he is continuing that trend in respect of accusing the accuser (Freedom Under Law),” argued Du Plessis.
The Judicial Conduct Tribunal in April found Hlophe guilty of trying to influence the outcomes of former president Jacob Zuma’s corruption charges in 2008.
In court documents it is alleged that Hlophe told Justice Bess Nkabinde that the matter needed to be decided “properly”, and during what was described as a casual conversation with Justice Chris Jaftha, Hlophe uttered the Zulu phrase “sesithembele kinina”, which, when translated as per the JSC documents, alludes to “you are our last hope”, or which Hlophe said in the context of their discussion “was a Zulu phrase he used to express his view that the issue of privilege would receive satisfactory attention from the court”.
Findings of the majority concluded that Hlophe’s conduct breached the provision of Section 165 of the Constitution in that he improperly attempted to influence Justices Nkabinde and Jafta to violate their oaths of office; his conduct seriously threatened and interfered with the independence, impartiality, dignity and effectiveness of the Constitutional Court; and, his conduct threatened public confidence in the judicial system.
The minority, however, argued that the interactions between Hlophe and the two justices – Nkabinde and Jafta – regarding the Zuma and Thint cases, were brief and general.
Hlophe denied the claims that he tried to influence the outcome of the cases.
Ledwaba concluded the hearing by saying that judgment in the matter can be delivered in the next 10 days.
Cape Times
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