Judge Hlophe now faces possible impeachment
WESTERN Cape High Court Judge President John Hlophe’s legal team has yet to comment on the Judicial Service Commission’s (JSC) decision to uphold a recommendation for him to face impeachment.
His lawyer Barnabas Xulu said: “How can I comment without knowing the merits of those who are against and for?”
The JSC held a meeting yesterday where it took the decision to uphold a report and recommendations of the Judicial Conduct Tribunal, which related to a complaint lodged by 11 justices of the apex court in 2008 wherein they claimed that Judge Hlophe had attempted to influence Justice Chris Jafta and Justice Bess Nkabinde to rule in a particular manner, in a pending case between the National Prosecuting Authority and ex-president Jacob Zuma.
The report stated that Judge Hlophe had breached sections of the Constitution when he attempted to influence two justices of the Constitutional Court.
In a statement yesterday the JSC said: “At its meeting the Judicial Service Commission took the decision to uphold the report and recommendations of the Judicial Conduct Tribunal handed down on April 9, 2021. In pursuance thereof and in terms of the provisions of the Constitution the matter will be referred to the National Assembly for its decision.
“The National Assembly and the parties will be furnished with copies of both the majority and minority views.
“In line with the principles of natural justice the JSC has invited the parties to show cause why it should or should not advise the president to suspend Judge President Hlophe pending the finalisation of the matter by the National Assembly.”
SLAIN University of Fort Hare student Nosicelo Mtebeni chose to study towards a law degree because she “did not like seeing an injustice” inflicted on other children.
This is according to her aunt Nomvula Beauty Gugushe who spoke at the memorial service of her niece in East London yesterday.
Mtebeni, 23, was murdered and dismembered last week. Some of her body parts were found in a suitcase dumped in the street not far from where she shared a room with her boyfriend Alutha Pasile, 25, in Quigney, East London.
Pasile was arrested and appeared in court this week on a murder charge.
He allegedly confessed to police that he killed Mtebeni after discovering she was cheating.
Her murder has left her family and the broader community devastated.
Gugushe said the support they received had helped them to cope with the ordeal.
“We are feeling a bit stronger. Initially, we did not know how we were going to deal with something of this nature, but because of the support we have received in East London, from the police, the university and the broader community, this painful trauma is lighter than it was at the time of hearing about it,” she said.
Gugushe said Mtebeni did not like seeing injustice done to other people.
“She was a child who did not like seeing others being violated. She also did not like seeing a woman being violated.
“I am, therefore, certain that if Nosicelo had more time to live, she was going to be one of the women who would be fighting for children and women's rights.”
Advocate Andile Mini, president of the university's convocation, said that they lost a student who was soon going to be a member of the Fort Hare alumni.
“The message of the convocation is clear, that the spirit of Nosicelo shall never die, while we live.
“As the country is battling to control an unprecedented stigma of coronavirus, we are also faced with another pandemic that has anointed itself as the shame of the nation; gender-based violence,” he said.
Mini said the convocation had taken a decision which they have communicated to Mtebeni's family, “that for the duration of our term, in the next four years, we want to adopt Nosicelo's family, and provide the support that is needed.
From the meeting (we held) among ourselves as the executive of the convocation, we have made a contribution (to the family) to the tune of R150 000, from ourselves.
“We will fund raise enough money for the family for the duration of our term. We are also planning to approach the university with regard to the legacy project that will be named after Nosicelo,” said Mini.
The university's vice-chancellor, Sakhela Buhlungu said that they had been “robbed of a future Constitutional Court judge”.
“This child arrived here (at Fort Hare in 2017) and was going to finish her degree in regulation time,” Buhlungu said.
Higher Education and Training Deputy Minister Buti Manamela said: “The story of Nosicelo is part of the broader story of women in our country, who, today, have to live with the reality that they can be attacked, raped and murdered anywhere and at any time of the day.”
Mtebeni is survived by her parents from Matatiele, Kholisile and Ntombizandile Mtebeni, and her siblings.
The details of the funeral have not yet been announced.