ConCourt to hear Hlophe case

2011-11-28 19:34

kalahari.com

  • The Futurist
    World governments, corporations, and leadership forums Was R380.95 Now R342.86
    buy now
Johannesburg - The judges of the Constitutional Court will face the dilemma of not having a quorum on Tuesday 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.

When the court sat in September to hear the application, three of the judges - Deputy Chief Justice Dikgang Moseneke, Judge Chris Jafta and Judge Bess Nkabinde - recused themselves.

This was because they had been witnesses and had testified in the Judicial Service Commission's (JSC) inquiry into the misconduct complaint.

The judges said they would look into the possibility of finding an acting judge to make up the quorum.

Tuesday's hearing was expected to be over whether the court can hear issues relating to the 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 questions is whether the doctrine of necessity allows the conflicted judges to participate in determining the applications for leave to appeal.

Judicial crisis

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 JSC.

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

The case set off a chain of complications at one point referred to as a "judicial crisis".

It came at a time when judges were heavily criticised if they did not hand down a judgment in favour of Zuma, who was mired in now abandoned corruption and fraud allegations, as well as a power struggle between his supporters and those of eventually ousted president Thabo Mbeki.

The JSC eventually held an inquiry, and Moseneke, Jafta and Nkabinde 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 reopen its investigation into Hlope in an application to the North Gauteng High Court, 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.

She won in the Western Cape High Court. The JSC then appealed and lost.
- SAPA

Read more on:    jsc  |  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
 
Traffic
Lottery
 
  • Monday Kuils River - 17:34 PM
    Road name: Polkadraai Road Eastbound
    ROADWORKS between the R102 Van Riebeeck Road and the R310 Baden Powell Drive exit
  • Sunday Parow - 08:10 AM
    Road name: Mike Pienaar Boulevard
    WEEKENDS - ROAD CLOSED between Voortrekker Road and Tienie Meyer Drive due to roadworks (until end July)
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

2 TV Series for R250

Get 2 TV Series box sets for R250 and save up to R148! Offer valid while stocks last. Shop now!

Mind blowing deals on beauty & fragrances

Save up to 30% off beauty and fragrances. Offer valid while stocks last. Shop now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

BlackBerry Torch 9810

The BlackBerry Torch 9810 gives you the powerful combination of...

From R4299.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

There is a strong emphasis on relationships. Obsession, emotional disputes, retaliation or competitive actions are highlighted....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.