It is astounding to think that it was some 12 years ago that the Constitutional Court heard a case dealing with Thint and Jacob Zuma. Before judgment in those matters was handed down, Judge President John Hlophe visited Justice Bess Nkabinde and Justice Chris Jafta separately in their chambers at the Constitutional Court and had relevant discussions with them. The first visit was to Justice Jafta towards the end of March 2008; Justice Nkabinde was visited on 25 April 2008. During these respective visits, Judge Hlophe discussed, among other things, the issues which were the subject of the pending judgments in Zuma-Thint matters.
On 30 May 2008, the 11 Justices of the Constitutional Court lodged a complaint with the Judicial Services Commission (the JSC). In terms of the Judicial Services Commission Act 9 of 1994 (the Act), the JSC is the only body empowered to receive and deal with complaints concerning the conduct of judges. The complaint was that Judge Hlophe had, during the discussions with Justice Nkabinde and Justice Jafta, improperly attempted to influence the Constitutional Court’s pending judgment in the Zuma-Thint case.