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DA urges JSC to deal urgently with Hlophe tribunal findings
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Johannesburg - THE DA has urged the Judicial Service Commission (JSC) to deal urgently with the findings formulated by the Judicial Conduct Tribunal regarding Western Cape Judge President John Hlophe.
The tribunal issued its report at the weekend following delays in dealing with the complaint laid against Judge Hlophe in 2008 by 11 Constitutional Court justices.
The judges had laid the complaint following Judge Hlophe’s visits to Justices Chris Jafta and Bes Nkabinde in April and March 2008.
He had met the two to discuss a matter involving former president Jacob Zuma and the National Prosecuting Authority. The apex court had reserved judgment on the case.
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 discus
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.
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