Solidarity wants Hlophe case concluded

2012-08-23 19:15

Johannesburg - Trade union Solidarity on Thursday called on the Judicial Service Commission (JSC) to expedite the investigation against Cape Judge President John Hlophe to protect the integrity of the justice system.

Solidarity was concerned by the ongoing legal battle to conclude the complaints against Hlophe.

"The charges against Hlophe go to the root of the personal attributes expected of a judge," spokesperson Naudé de Klerk said.

"Characteristics such as impartiality, integrity and honesty are inherently part and parcel of the qualities of a judge."

Solidarity said Justice Minister Jeff Radebe's statement that he would not seek repayment of the Western Cape judge president's legal fees did not give hope that judgment would be delivered in the near future.

"As a result of the seriousness of the charges against Hlophe, the legal fraternity and the public expect the matter to be resolved without delay," De Klerk said.

Legal advocacy group Freedom Under Law (FUL) on Wednesday said Radebe's decision was indefensible.

It was surprising that the South African taxpayer had to pay the legal costs of Hlophe in the proceedings arising from the complaint against him by Constitutional Court judges, said FUL chairperson Johan Kriegler.


Kriegler accused Radebe of contradicting his earlier undertaking that Hlophe would be asked to repay the millions of rand in legal costs if he lost his court cases.

"There has never been a suggestion that the judge president of the Cape court was acting in the course of his duties when on his own admission he raised with two justices in their offices in Braamfontein the politically sensitive Zuma/Thint cases they were considering at the time," Kriegler said.

FUL considered Radebe's decision unsound.

"In the circumstances, it is unconscionable that such costs are to be borne by the citizenry."

Earlier this year, the Constitutional Court refused Hlophe's application for leave to appeal two judgments against him. The application arose from two Supreme Court of Appeal (SCA) cases brought by Western Cape Premier Helen Zille and Freedom Under Law.

The SCA ordered the JSC to investigate the charges against Hlophe.

The matter began in 2008 when the Constitutional Court complained that Hlophe 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.

In a written Parliamentary reply this week Radebe said: "I have decided, in light of the importance of the constitutional issues raised in the case involving Judge Hlophe and the judges of the Constitutional Court, that I will not be seeking recovery of costs incurred in the case involving Judge Hlophe and the judges of the Constitutional Court."

The Democratic Alliance criticised the decision. DA MP Debbie Schafer accused Radebe of misleading the public and of rewarding Hlophe for protecting President Jacob Zuma.

  • stephan.bester.14 - 2012-08-23 19:30

    exactly why it is so easy to detest the anc and their corrupt connected brothers. How can radebe let hlope pay if he tried to influence judges? All for a good cause: to keep the corrupt milk train going to finance these obese vulgar comrades. I am sick, again

  • annette.vorster.54 - 2012-08-23 20:19

    Johan, the honesty, integrity and impartiality you and I knew many years ago in this country and our belief that democracy will destroy ALL EVIL AND BRING JUSTICE, were shredded by so many legal results over the past three years alone that, it makes our previous masters look like amateurs . . john vorster . . .cheers!

  • Vince.York - 2012-08-23 20:38

    if his friend zuma could have hundreds of millions wasted on his wilely obviating cases - why not all the others is the transformed version of integrity!

  • steve.lategan.7 - 2012-08-23 20:42

    Do not blame Radebe for his crassly stupid decisions! After all, virtually every sod with an African National Corrupt card in his back pocket will tell you it was the apartheid regime that caused stupidity at such high levels in government. It also is helpful to the cadres that government is too stupid or accommodating when it comes to accosting the crooks, especially the likes of Hlophe. May the all suffer an ignominous end, irrespective of when it comes>

  • gerhard.kress.3 - 2012-08-23 20:47

    Why does it need a trade union to interfere with the judiciary?

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