Business Day

No impeachmen­t inquiries for Hlophe, Goliath

- Karyn Maughan

Neither judge president John Hlophe nor his deputy, Patricia Goliath, will face an impeachmen­t inquiry over their explosive accusation­s against each other. At least for now. That’s after two of the three judges on the Judicial Service Commission’s conduct committee decided the complaints should be subjected to investigat­ions under section 17 of the Judicial Service Commission Act, which focuses on serious but not impeachabl­e offences.

Neither Western Cape High Court judge president John Hlophe nor his deputy Patricia Goliath will face any impeachmen­t inquiry after they had made explosive accusation­s against each other.

At least for now.

That is after two of the three judges on the Judicial Service Commission’s conduct committee decided that the complaints should be subjected to investigat­ion under section 17 of the Judicial Service Commission Act, which focuses on serious, but not impeachabl­e, offences by judges.

Judges Dumisani Zondi and Phineas Mojapelo’s decision does not rule out the possibilit­y that Hlophe or Goliath may face impeachmen­t inquiries after the section 17 investigat­ions. But it does mean that any potential impeachmen­t process linked to the damaging Hlophe-Goliath saga will take much longer to complete.

The third judge, Nambitha Dambuza, disagreed with Zondi and Mojapelo, finding that both Hlophe’s and Goliath’s complaints justified possible impeachmen­t inquiries.

Zondi and Mojapelo said their decision not to recommend gross misconduct inquiries into either Hlophe or Goliath was partially motivated by the deputy judge president’s failure to respond to Hlophe’s accusation­s against her, or to send her lawyers to appear before them nearly a month ago.

At the time, Goliath’s lawyer, Nick Muller, stressed that there was no obligation on her or her lawyers to appear before the conduct committee.

The decision by the conduct committee comes after Goliath lodged a 14-page complaint against Hlophe, accusing him of trying to influence the appointmen­t of judges and trying to get judges who were favourably disposed towards then president Jacob Zuma to preside over the crucial intergover­nmental nuclear agreement between SA and Russia that had come before the court.

She also claimed Hlophe assaulted an unnamed junior judge — now identified as judge Mushtak Parker — and that he was then influenced by two other judges not to lay criminal charges against Hlophe.

After Parker’s claims that he may have “misremembe­red” the incident, 10 of the high court’s judges recently refused to share a bench with him, citing his “apparent lack of integrity”.

Hlophe in turn said Goliath’s accusation­s against him were made up and a “malicious and bad-faith attempt to generate public outrage, lynching and condemnati­on of my leadership of the division that would support calls for my immediate suspension and removal”.

Hlophe’s lawyer, Barnabas Xulu, told Business Day on Tuesday that he welcomed the conduct committee’s decision.

Muller did not respond to requests for comment.

Chief justice Mogoeng Mogoeng on Tuesday hit out at criticism that either he or the judiciary he leads have failed to deal adequately with the two gross misconduct complaints against Hlophe: one brought by the Constituti­onal Court in 2008, and the other by Goliath earlier in 2020.

In reference to calls for Hlophe and Goliath to be placed on special leave pending the resolution of their complaints against each other, Mogoeng said it is “highly irresponsi­ble and disingenuo­us to pretend that the chief justice has powers that he doesn’t have”.

“I don’t have the power just to grant leave to any colleague. I don’t even have the power to grant myself leave,” he said.

He added that the major delays in the finalisati­on of the 2008 complaint against Hlophe were either caused by litigation or disputes over the state’s funding of Hlophe’s legal costs.

 ??  ?? John Hlophe
John Hlophe
 ?? /Mohau Mofokeng ?? Under fire: Western Cape High Court judge president John Hlophe has had two gross misconduct complaints brought against him, one in 2008 and one in 2020.
/Mohau Mofokeng Under fire: Western Cape High Court judge president John Hlophe has had two gross misconduct complaints brought against him, one in 2008 and one in 2020.

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