Full bench to hear Hlophe case

2008-08-08 14:47

Johannesburg - A full bench of the Witwatersrand local division will hear Cape Judge President John Hlophe's application against the Constitutional Court and the Judicial Services Commission (JSC), the Johannesburg High Court ruled on Friday.

"A full bench of this division will be constituted in order to hear the dispute between the parties," Judge Phineas Mojapelo said after a lengthy consultation in chambers with the lawyers arguing the case.

Because this would cause a disruption in the three judges' diaries, and stressing that he wanted to deal with the matter quickly, he gave the seven lawyers until 15:00 on Friday to provide a list of dates they would and would not be available so that the judges could clear their diaries.

He would then set a date.

Delays

"I will expect counsel to make themselves available on the dates which have been fixed," he said, adding that he hoped the "hands of court" would not be bound by delays.

"I look forward to your co-operation and I reiterate again, the matter will be disposed of without delay," Mojapelo said.

Hlophe, who was not present, is applying for an order in the Johannesburg High Court to have action by the Constitutional Court against him declared unlawful.

Hlophe is challenging the Constitutional Court's announcing in a media release in June that he was under investigation for trying to unduly influence judges who were pondering judgment in ANC president Jacob Zuma's challenge to the validity of search warrants and a letter of request in the investigation against him.

Hlophe said the court abused his rights when it made the matter public.

Hlophe is also asking the high court for an order to stop the JSC hearing on the same matter against him.

- SAPA