The justice department is unaware of Cape Judge President John Hlophe having received permission to engage in outside business ventures, Minister of Justice and Constitutional Development Brigitte Mabandla said on Thursday.
There is ”no such record in the department”, she said when asked at a media briefing whether Hlophe’s commercial endeavours were sanctioned.
Accused of having failed to disclose business interests, Hlophe reportedly claimed having permission from one of Mabandla’s predecessors to receive money from a private company.
He is alleged to have received R10 000 a month from April 2002 to March 2003 from Cape Town-based Oasis Group Holdings in the form of a ”consultation tariff”.
Hlophe reportedly said he was given ”expense payments” for providing his expertise, but denied having received a retainer. He was granted long leave in April, and the Judicial Services Commission (JSC) is investigating the matter.
Mabandla said she is unaware of any undertaking by the government to provide a list of those judges granted permission to have ties with the business sector.
Her deputy, Johnny de Lange, said the department has ”no clue what interests various judges have, so we clearly cannot compile a list of these interests”. This is expected to be corrected with the introduction of an asset register for judges.
Mabandla said legislation seeking to establish a complaints mechanism for the judiciary will be brought before Parliament shortly, adding that judges are in agreement ”by and large”.
On draft constitutional amendments affecting certain roles and functions of the judiciary, she said Parliament’s justice portfolio committee has set up units to discuss different submissions.
”A lot” of submissions have been received from a wide range of parties, the minister said. The JSC is preparing its own.
The amendments have been criticised by some as interference with judicial independence. Among other things, they seek to put the administration and budgets of courts in the hands of the minister. — Sapa