We have made a pass
At the infinite.
Robert Frost, “Kitty Hawk”
On 5 December we marked the 7th anniversary of Madiba’s passing while 10 December marked the 24th anniversary of the final Constitution which was signed into law by Madiba at Sharpeville in 1996.
Somehow it seems fitting that these important events are five days apart on the calendar even if separated by 17 years.
The adoption of our final constitution was a significant milestone, though 24 years are not the same as 25 and so 2021 will doubtless be the year where we look at the making of our constitution and the road we have travelled, more carefully.
Judges, the quartet argued, should not be placed “in fear, through manufactured complaint or blatant criticism”.
In democratic societies, the team added, “judges must not be liable to disciplinary sanctions, or premature retirement because their decisions, discussions or expression of views do not find favour with the powers that be, or with any powerful vested interest, or with prevailing public opinion”.
Judge Hlophe’s team equated the Judicial Conduct Tribunal akin to a “criminal prosecution” and accused Justices Chris Jafta and Bess Nkabinde of altering statements after 12 years, not out of their own volition but under duress.
“JP is entitled to make a submission of no case to answer [in local lingua, a discharge], on the basis there is no evidence that the JP committed the offence referred to in the charge sheet,” his team argued.
The first attempt came early on the third day of proceedings on Friday 11 December when Griffiths, without prior notice, informed the tribunal that Hlophe’s team would be objecting to advocate Gilbert Marcus – representing Constitutional Court justices – presenting argument.
After a 12-year-delay Hlophe’s tribunal hearing began on Monday 7 December and while final arguments were heard on Friday, it will resume on Tuesday 15 December after a late-afternoon, last-minute request by Hlophe’s legal team.
This move, Marcus cautioned the panel, was “a scarcely veiled attempt to set up a potential review” [of the findings] and, “I can only suspect we will be presented with something new.”