Court withdraws Trengove invite

2008-08-20 14:22

Johannesburg - The Johannesburg High Court on Wednesday withdrew its invitation to advocate Wim Trengove SC to act as a friend of the court in the case involving Cape Judge President John Hlophe.

"Given the sensitivities that have developed around this matter, a court would not like any party to be uncomfortable," said Judge Phineas Mojapelo.

The case was briefly delayed when Hlophe's lawyer told the Johannesburg High Court he objected to the appointment of Trengove as a friend of the court.

Dumisa Ntsebeza SC, representing Hlophe, said his client advised him on Tuesday evening that he was concerned about the court's invitation to Trengove to act as a friend of the court.

"It might not come across as an independent position," said Ntsebeza.

Zuma case

Trengove represented the State in the Constitutional Court case dealing with search and seizure raids related to African National Congress president Jacob Zuma's corruption charges.

Hlophe is facing charges that he allegedly tried to improperly influence two Constitutional Court judges in the Zuma case.

Mojapelo said the objection was "entirely unforeseen by the court", but that it had decided to withdraw the invitation to Trengove and his colleague Carol Steinberg.

Hlophe is requesting the Johannesburg High Court to declare that the Constitutional Court infringed his right to human dignity when it published a media statement containing the allegations against him before offering him a chance to respond.

Judge Phineas Mojapelo said at the start of the hearings that the court had invited Trengove and Steinberg to make submissions on the arguments presented in the Hlophe case.

Advocate Gilbert Marcus SC, who is representing the Constitutional Court judges in the Johannesburg High Court case, said he did not see a conflict of interest in Trengove's appointment as a friend of the court.

"The Zuma cases have nothing to do with the issues which are before your lordships today," said Marcus.

Trengove told the court: "I am here only at the request of the court. I have no interest in this case."

A full Bench of five judges of the Witwatersrand local division is hearing the case, which continues.

- SAPA