Attorneys for Cape Judge President John Hlophe will lodge a complaint with the Judicial Services Commission (JSC) against Constitutional Court judges, the South African Broadcasting Corporation reported on Wednesday
This follows a complaint laid by the judges with the JSC against Hlophe.
They have accused Hlophe of improperly trying to influence the Constitutional Court’s decision on search-and-seizure raids by the Scorpions on the premises of African National Congress president Jacob Zuma.
Hlophe’s lawyer, Lister Nuku, said the judges went public without having first lodged a complaint with the JSC.
”There is nothing much received from the JSC, except what I have referred to as the complaint, which was made in a public statement,” Nuku said.
”What we are concerned about is that even before Hlophe was made aware of the complaint against him, it was already taken to the media.”
The JSC will meet in a month’s time to decide whether there is a prima facie case against John Hlophe.
The JSC met for over two hours on Friday to discuss the complaint by the Constitutional Court judges.
But the meeting, chaired by President of the Supreme Court of Appeal Craig Howie, only discussed procedural matters.
”The commission’s meeting today [Friday] was convened to consider written communication from the complainant judges conveying the facts underlying the complaint. The judges concerned have been unable to meet on this date,” the commission said in a written media statement, refusing to answer any questions on the issue.
Judges of the Constitutional Court have now been given until June 13 to hand in written statements and to ”provide the facts” in those statements.
Once those statements are received, they will be passed on to Hlophe, who will have ten days in which to respond.
The judges will then be given his response — they will have five days to reply.
”Thereafter the commission will meet on July 5 2008 to consider whether the material thus obtained discloses a prima facie case of gross misconduct,” the media statement said.
If it continues with the case, the commission will also have to advise President Thabo Mbeki whether Hlophe should be suspended pending the finalisation of the procedure. — Sapa