Court faces quorum conundrum in Hlophe case

2011-11-29 07:21

The judges of the Constitutional Court will face the dilemma of not having a quorum today due to a conflict of interest.

This will happen when the court sits to hear an application related to a complaint against Western Cape Judge President John Hlophe that was laid three years ago.

Today argument is expected on whether the court can hear issues relating to applications for leave to appeal, given the conflict of interest and the court not being quorate.

Included in the issues to be heard is whether acting judges may be appointed in terms of the Constitution to decide the applications.

If not, the question is whether the doctrine of necessity allows the conflicted judges to participate in determining the applications for leave to appeal.

Hlophe was accused of broaching the subject of a case involving Jacob Zuma before he became president, when he popped in for a social visit with some of the judges at the Constitutional Court.

The judges of the court lodged a joint misconduct complaint against Hlophe about the visit to the Judicial Services Commission.

Hlophe, in turn, took the judges to court to declare their complaint and publication of their complaint unlawful and unfair.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Comments have been closed for this article.

Inside News24

 
/News

Book flights

Compare, Book, Fly

Traffic Alerts
Traffic
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.