/ 29 September 2008

JSC to consider Hlophe complaint in October

The Judicial Service Commission (JSC) will deal with the Constitutional Court’s complaint against Judge John Hlophe in mid-October, JSC spokesperson Marumo Moerane said on Monday.

The court lodged the complaint in June, claiming Hlophe tried to influence judges who were pondering a ruling on the validity of search warrants against African National Congress president Jacob Zuma.

A majority ruling by a full bench of the Johannesburg High Court last week ruled that the Constitutional Court had treated Hlophe unfairly by issuing a public statement about the matter, but that it was in the public interest that the JSC probe the complaint.

”I can say the JSC will deal with that matter over the period October 13 to October 17 at its scheduled meeting in Cape Town,” Moerane said on Monday.

It would also look at a counter-complaint that Hlophe has lodged against the Constitutional Court judges, Moerane said.

Asked what would happen if the Constitutional Court decided to appeal the high court ruling, he said: ”We will still deal with it and decide the way forward.

”I don’t know what the decision will be but we’ll clearly deal with these complaints.”

Three of the five judges ruled on Friday that the Constitutional Court statement had breached Hlophe’s right to dignity and equal treatment.

However, two disagreed on this point. — Sapa