The Citizen (KZN)

Hlophe gets his day in court

COMPLAINT: MUST BE DEALT WITH WITHOUT DELAY ‘It is in interests of justice that this matter be brought to finality.’

- Amanda Watson

It’s time for Western Cape Judge President John Hlophe to face the music, the Constituti­onal Court (ConCourt) found in Johannesbu­rg on Wednesday. In 2008, the ConCourt issued a statement alleging Hlophe had approached some of its judges “in an improper attempt to influence [the] court’s pending judgment in one or more cases.”

The cases involved the lawfulness of searches and seizures conducted in connection with the investigat­ion and prosecutio­n of President Jacob Zuma and french arms company Thint.

TimesLIVE reported that Bess Nkabinde and Chris Jafta were among the 11 ConCourt justices who‚ in 2008‚ accused Hlophe of trying to influence the outcome of cases involving Zuma.

According to a statement from the court, “The Chief Justice establishe­d a Judicial Conduct Tribunal to conduct an inquiry into the complaint. He appointed Judge Labuschagn­e as President of the tribunal as well as two other members of the tribunal. The applicants were required to testify in the Tribunal to substantia­te the complaint.”

However, when the tribunal was about to conduct a formal hearing against Hlophe in 2013‚ Nkabinde and Jafta raised challenges against the tribunal’s constituti­onality, TimesLIVE reported.

“After the full bench of the high court dismissed the judges’ applicatio­n in 2014‚ the Supreme Court of Appeal also dismissed their appeal against the high court judgment earlier this year. The judges then approached the Constituti­onal Court this year,” the article said.

On Wednesday, the ConCourt ruled that outstandin­g matters against Hlophe could go ahead by dismissing an applicatio­n by Nkabinde and Jafta for the rescission of a May ConCourt order for leave to appeal against a decision of the Supreme Court of Appeal, which went against them.

“We would be failing in our duty if we did not take this opportunit­y to emphasise that it is in the interests of justice that the matter of the complaint against Judge President Hlophe should be dealt with and concluded without any further delay,” said the court.

“Eight years later, the matter has not been finalised. It is in the interests of justice that this matter be brought to finality.” – amandaw@citizen.co.za

 ?? Picture: Gallo Images/The Times ?? IMPROPER. Judge John Hlope is alleged to have tried to influence other judges.
Picture: Gallo Images/The Times IMPROPER. Judge John Hlope is alleged to have tried to influence other judges.

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