Judge Hlophe defends himself at Judicial Tribunal grilling
WESTERN Cape Judge President John Hlophe moved to defend himself yesterday as he faced a grilling over meetings he initiated with two Constitutional Court judges, allegedly in order to influence them on behalf of former president Jacob Zuma.
Hlophe is before the Judicial Conduct Tribunal, accused of having tried to improperly influence Justices Chris Jafta and Bess Nkabinde to help decide in favour of Zuma in the arms deal scandal.
Justice Jafta recounted how Judge Hlophe called him in March 2008 and arranged a meeting where they discussed wide-ranging issues, including professional privilege in relation to the seizure of documents by law enforcement agencies from lawyers in the Zuma matter
Judge Hlophe is represented by British criminal defence advocate Courtenay Griffiths, who asked Justice Jafta to explain his impression of what Judge Hlophe meant when he said “sesithembele kinina” when they discussed the Supreme Court of Appeal ruling on the Zuma case.
“My understanding of it was in the context that, here is a judgment of the Supreme Court of Appeal which, which I recollect in his words, had gotten the law incorrectly. So in that context, I understood him to mean that the Constitutional Court as the highest court will have to put right that which was wrong in the judgment of the SCA,” Justice Jafta said.
He told the tribunal he had not thought of lodging a complaint against Judge Hlophe, despite himself and Justice Nkabinde being told by then chief justice Pius Langa and then deputy chief justice Dikgang Moseneke to do so.
“What complicated the matter here was that the judge president (Hlophe) is my friend and I thought it would not be desirable for me to do that,” Justice Jafta said.
Justice Nkabinde told the tribunal she had moved to rebuff Judge Hlophe after he attempted to influence her and had indicated he had strong views on the Zuma case as it related to privilege.
“I was of the view that he was attempting to influence my thinking. When he came to me when we met, he had mentioned the issue of privilege. I did not make much of it at that time, but I became aware that he had discussed this matter with Justice Jafta and when he started discussing this matter, regard being had to the fact that I had been one of the scribes who was allocated to write about this very issue of professional privilege, I snapped and told him ‘you cannot do this’,” Justice Nkabinde said.
When on the stand Judge Hlophe faced questions from advocate Gilbert Marcus, for the Constitutional Court.
On why he thought it was appropriate to hold discussions with the apex court judges on Zuma’s case, he said he had talked with the judges “on the issue of general principle” and not “the facts and how the decision must be made by the court”.
“The issue of privilege, the communication between attorney and client has been an issue for decades,” said Judge Hlophe.
Marcus quizzed him on what he had meant when he remarked during his meeting with Justice Jafta that Zuma was being persecuted like him.
Judge Hlophe said he had likened himself to Zuma in response to Justice Jafta asking if his problems in the Western Cape had ended.