Hlophe's application dismissed

2012-03-30 14:08

kalahari.com

  • Judiciary
    Proceeds from this book are used to expand the content and coverage of Webster's Online Dictionary Now R340.00
    buy now

Johannesburg - Western Cape Judge President John Hlophe on Friday lost an application for leave to appeal to the Constitutional Court against previous rulings over his conduct.

"Leave to appeal applications ... is refused," said Chief Justice Mogoeng Mogoeng.

Because Hlophe had raised important and arguable constitutional issues there was no costs order.

The underlying right Hlophe had sought to appeal was a procedural one, he said.

"The rejection of that right will result in the continuance of a process only and will not result, without more evidence, in a finding against him on the substance of the complaint.

"What is more, the applicant has had the benefit of an appeal. These considerations mitigate the threat of injustice," he said.

Conflict of interest

During Hlophe's last appearance in November 2011, a slew of complications arose as the court considered a conflict of interest dilemma, arising from a misconduct complaint that judges of the court laid against him.

"This is a complex matter..." said Kgomosoane Mathipa, rounding off a preliminary hearing that comprised oral submissions by 10 lawyers.

Hlophe had approached the Constitutional Court with an application related to the charge brought against him three years ago. As submissions of the conflict of interest were debated, the judges tried to cover every possible way of proceeding, with Mogoeng slashing time off comfort breaks.

Their options included:
- invoke a doctrine of necessity and hear the application for leave to appeal themselves;
- recuse themselves from the case and let President Jacob Zuma appoint a new quorum (eight judges) for the case; or
- dismiss the case and let the Supreme Court of Appeal (SCA) judgment stand and be the last word on the matter, as is done in some other democracies.

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

In 2008, the judges surprised the media with a statement that they had laid a complaint against Hlophe with the Judicial Service Commission (JSC), saying he had made an improper attempt to influence a case. It later emerged that the case related to one of Zuma's and arms company Thint's court challenges, in the now abandoned corruption case.

Hlophe's challenge to the complaint set off a trail of legal applications.

Hearing


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 applied to the North Gauteng High Court to have the JSC re-open its investigation into Hlophe, but the case was dismissed.

Democratic Alliance leader Helen Zille lodged a similar case in the Western Cape High Court. This court found in Zille's favour, and said 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 SCA. The JSC bowed out at SCA level, but Hlophe moved on to the Constitutional Court.

- SAPA

Read more on:    john hlophe  |  mogoeng mogoeng  |  judiciary
NEXT ON NEWS24X

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
6 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 

Zille: Only DA can challenge ANC in F State

The DA is the only party that can challenge the ANC in the Free State, opposition party leader Helen Zille says.

 
 

Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
 
Traffic
Lottery
 
  • Monday Sir Lowry's Pass - 13:45 PM
    Road name: N2 Westbound
    HEAVY TRAFFIC over Sir Lowrys Pass - expect delays
  • Monday Somerset West - 13:45 PM
    Road name: N2 Westbound
    EXPECT DELAYS due to high volumes
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! 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

Samsung Galaxy Tab P7500 10.1" Tablet With WiFi & 3G

Samsung Galaxy Tab 10.1 gives you a better experience for...

From R4999.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

There may be a break through, either through quiet contemplative time to connect to your deep side or forced on you by...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.