News24

Hlophe tribunal decision expected

2012-10-16 20:21

Cape Town - The Judicial Service Commission (JSC) was expected to decide on Wednesday whether to appoint a tribunal to investigate allegations of misconduct against Western Cape Judge President John Hlophe.

"We are going to deal with it tomorrow," JSC spokesperson Dumisa Ntsebeza said on Tuesday.

The announcement followed a recommendation by the Judicial Conduct Committee last month to appoint a tribunal, taking into account the pronouncements of the Supreme Court of Appeal (SCA) that the JSC had to decide whether Hlophe was guilty of gross misconduct or not.

At the time the committee said the complaint by Constitutional Court judges, if established, would prima facie indicate gross misconduct, "which may lead to impeachment".

The matter began in 2008, when the Constitutional Court complained that Hlophe had tried to influence two of its judges to rule in favour of President Jacob Zuma in a case involving the country's multi-billion-rand arms deal.

They regarded this as an improper attempt to influence the case.

Hlophe, affronted that the judges had also sent a copy of the complaint to the media before he had had time to deal with it, laid a counter-complaint.

A lengthy stop-start parallel process of JSC hearings and court challenges ensued.

The matter was ultimately heard in the SCA with rulings in favour of Western Cape premier Helen Zille and lobby group Freedom Under Law.

The SCA ruled that the JSC had to reconsider both complaints.

Comments
  • patricia.dewet.92 - 2012-10-16 21:23

    What is all this about, what decisions. After all these years of court cases thy still don't know, when will they, or are they protecting till he goes on pension. The same as the old drunk judge, about 3-4 months from pension and not paying anything back.

  • atholl.canterbury - 2012-10-16 22:45

    Every Judge swears an oath (before taking office) to enforce the Constitution. Section 165(3) says : No person or organ of state may interfere with the functioning with the courts. The Constitution is not a game. Problems that were introduced before the first court (The Honourable Justice C Nicholson) and were not dealt with appropriately --- have now ballooned into secondary and tertiary aftershocks. Problems that are not dealt with initially, when they return, they get bigger.

  • beverly.young3 - 2012-10-17 06:06

    WHAT decision? he used his influence as a judge to try and get other judges...eish I am getting het up here. In a nut shell, (as I posted yesterday,) to stop Zuma getting slammed for fraud......... He was caught out, his peers have decided he must p*ss off.....what is left to debate? OUT OUT OUT.....set an example mense.........toss him

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