ConCourt reserves judgment in Hlophe case

2011-11-29 20:24
Johannesburg - The Constitutional Court reserved judgment on Tuesday in a preliminary hearing on a conflict of interest stemming from a misconduct complaint laid against Western Cape Judge President John Hlophe.

The options put to the eight judges were that they:

- invoke a doctrine of necessity and hear the application for leave to appeal to the court by Hlophe;

- that they recuse themselves for the case and President Jacob Zuma appoints a new bench for the case; or

- that they dismiss the case and let the Supreme Court of Appeal judgment stand and be the last word on the matter.

The judges did not hear the merits of the actual appeal, nor the application for leave to appeal.

The conflict of interest is the first of its kind for the Constitutional Court.

Hlophe, who was not present on Tuesday, had visited some of the court's judges in 2008.

After that the judges laid a complaint against him on the grounds that he inappropriately broached the subject of a judgment relating to President Jacob Zuma while he was still facing corruption charges.

The Constitutional Court lodged a complaint of misconduct against him with the Judicial Service Commission (JSC) and released the complaint to the media.

Hlophe challenged their actions in the South Gauteng High Court in Johannesburg, setting off a trail of legal applications, as well as defences by the Constitutional Court.

The JSC, meanwhile, held a hearing where Constitutional Court Judges Yvonne Nkabinde, Chris Jafta, and Deputy Chief Justice Dikgang Moseneke testified.

The commission found there was insufficient evidence for the complaints and left the matter at that.

However, legal advocacy body Freedom Under Law tried to force the JSC to re-open its investigation into Hlophe in an application to the North Gauteng High Court in Pretoria, but the case was dismissed last December.

Democratic Alliance leader Helen Zille lodged a similar case in the Western Cape High Court.

The High Court found in Zille's favour that the JSC's decision was "unconstitutional and invalid" because it had excluded her as premier and was therefore not constituted properly.

The JSC then appealed and lost at the Supreme Court of Appeal.

- SAPA
Read more on:    jsc  |  da  |  helen zille  |  jacob zuma  |  dikgang moseneke  |  john hlophe  |  judiciary
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

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
2 comments
Add your comment
Comment 0 characters remaining

Inside News24

 
/News

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

40% off top appliances!

Save 40% on the top 10 appliances on kalahari.com. While stocks last. Shop now!

Save 20% on Camping gear!

Buy 4 camping items and save 20%. While stocks last. Shop now!

Fifty Shades of Grey!

This great read will captivate you from cover to cover and leave you itching for more. Get your copy now!

20% off braai items!

Save 20% when you buy 2 braai items. While stocks last. Shop now!

30% off Pampers!

Save 30% when you buy 3 or more selected pampers products. While stocks last. Shop now!

Horoscopes
Aquarius
Aquarius

There is a strong focus on sharing the optimistic energy with your loved one. You are in the mood to go large and impress your...read more

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.