Department: Hlophe is entitled to vacation leave

2010-01-15 13:38

Western Cape Judge President John Hlophe is entitled to his

extended vacation leave, the justice department said on Friday.

Hlophe spent 15 months on special leave from June 2008 to September

last year, when the Judicial Services Commission dropped a complaint of

misconduct against him.

The complaint related to Hlophe’s alleged attempts to influence

Constitutional Court judges in favour of President Jacob Zuma before the

corruption charges against Zuma were dropped.

Justice department spokesman Tlali Tlali said in a statement on

Friday that in terms of the regulations, judges qualified for vacation leave

“for a period of three-and-half months for every period of four years of actual

service completed by the relevant judge”.

“Special leave granted to judges under special circumstances is not

excluded from the period of actual service.

“The fact that Western Cape Judge President John Hlophe was on

special leave does not affect his vacation leave, to which he is legally

entitled,” he said.

Vacation leave was not cumulative and no salary could be claimed

for vacation leave which could have been taken but which was not used.

Hlophe therefore applied for vacation leave in October 2009 for the

period December 14, 2009 to April 9, 2010, and his application was approved by

Justice and Constitutional Development Minister Jeff Radebe on December 9, 2009,

Tlali said.

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