Zuma appointees swing JSC
2009-09-01 07:43
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Johannesburg - President Jacob Zuma's new appointments to the Judicial Service Commission (JSC) are believed to have swung the debate in favour of a decision not to continue with investigations regarding allegations that Judge John Hlophe inappropriately tried to influence the judges of the Constitutional Court.
The decision was announced on Friday, two weeks after the decision was made behind closed doors.
According to reliable sources, only four of the JSC’s complaints committee’s 10 members agreed that the complaints against Hlophe should be investigated any further.
Among them were North and South Gauteng Judge President Bernard Ngoepe, Court of Appeals Judge President Lex Mpati, Pietermaritzburg lawyer Julian von Klemperer and legal academic Engela Schlemmer.
The six others decided that there was “insufficient testimony” for the process to continue. Three of these - Johannesburg advocate Ishmael Semenya SC, advocate Vas Soni SC and the Black Lawyers’ Association (BLA) president Andiswa Ndoni - were recently appointed to the JSC by Zuma.
The other three who agreed with them, were Justice Minister Jeff Radebe, advocate Marumo Moerane SC and Durban lawyer Mvuseni Ngubane, a former president of the BLA.
Constitutional Court bid
But the drama surrounding Hlophe will once again play out on Saturday afternoon, when the JSC interviews him for a seat on the Constitutional Court bench.
Hlophe will be questioned for at least 45 minutes regarding his time on the bench, his contribution to the legal profession and the controversy surrounding him. He is one of 24 candidates for various posts on the judicial bench.
On Monday the JSC yet again refused to officially confirm the names of the JSC members who decided not to continue with investigations into the allegations that Hlophe is guilty of gross misconduct.
Moerane, the JSC spokesperson, would not confirm whether the 10 members of the JSC’s complaints committee were divided 6-4 regarding the decision.
“It’s not relevant whether it was a 6-4, 6-5 (sic) or 9-1 division, it’s a decision by the JSC,” said Moerane.
However, reliable sources confirmed the division to Beeld.
Ndoni did not respond to messages, and other members of the committee could not be reached. One source close to the JSC said that “at least, thank heavens, it wasn’t a racially divided decision”.
Hlophe not back at work
Meanwhile, Hlophe was not back at work on Monday.
His lawyer Barnabas Xulu said the judge was waiting for a “formal go-ahead” from Radebe before resuming his duties.
He has been on special leave for over a year, but this came to an end with the JSC’s decision not to pursue the complaints against him.