Hlophe case 'not up to the public'

2008-06-16 08:02

Johannesburg - The constitution tasked the Judicial Service Commission (JSC) and not the forum of public debate with determining alleged judicial misconduct, the JSC reacted on Sunday to reports about Cape Judge President John Hlophe.

"Persons involved in leaking or unauthorised receipt of documents such as those referred to are at risk of obstructing the work of the Commission," it said in a statement issued on Sunday night.

"The Commission's functions in this matter are not public at present. It will be for the Commission to decide when and if they will be public in future," it said.

City Press reported on Sunday that Constitutional Court Judge Bess Nkabinde and Acting Judge Chris Jafta would be subpoenaed to testify before the JSC against Hlophe.

The newspaper reported that Constitutional Court judges were "gobsmacked" when they learnt that Nkabinde and Jafta had decided to not pursue a complaint that Hlophe had allegedly tried to influence them to rule in favour of African National Congress (ANC) president Jacob Zuma.

Zuma is awaiting a ruling which will determine if the Scorpions case against him goes ahead.

City Press had established that the Constitutional Court would persist with the complaint against Hlophe.

Quoting a reliable source, City Press wrote: "The two judges have no right to silence before the Judicial Service Commission.

Timetable outlined

"The court will pursue proceedings against Hlophe and those two will be subpoenaed."

In its statement on Sunday, the JSC said recent press coverage of the matter revealed two things in particular which caused its "misgiving".

"One is an apparent widespread disrespect for confidentiality...," it said, explaining that there had been public disclosure in the press of a communication addressed by Nkabinde and Jafta to the JSC and which had been copied only to the deputy chief justice.

There had been similar disclosure of a communication addressed by the JSC chair to the chief justice and judges of the Constitutional Court.

"The other is the ostensible disregard for the fact that the matter in question is one which, although understandably raising public interest and concern, requires the attention of and determination by the Commission," the JSC said.

It pointed out that, in a media statement on June 6, it outlined a timetable for the steps which would be needed in the complaint against Hlophe.

"It is proposed to adhere to that schedule as far as possible. A similar timetable in respect of a subsequently received complaint by Judge President Hlophe has yet to be set up," it said.

"With the above in mind, the Commission does not propose in future to comment on the contents of any leaked documents or matters connected therewith."

- SAPA