Cape Judge President John Hlophe’s return from long leave despite persisting conflict of interest charges against him bodes ill for public confidence in the judiciary, the Democratic Alliance said on Tuesday.
The two months of Hlophe’s break should have been used to conclude a probe into claims that he had received money from a private entity, it said in a statement.
A failure to do so, the party said, ”means that Justice Hlophe, who returned to work yesterday [Monday], cannot properly carry out his duties”.
It is untenable that the Judicial Service Commission (JSC) and the Department of Justice and Constitutional Development have failed to take appropriate action to date, the DA said.
”Both have failed to take decisive action and the result is a situation in which … the judge president, the public and the judiciary [do not know] what precisely is happening.”
Minister of Justice and Constitutional Development Brigitte Mabandla has previously said her department was unaware of Hlophe having received permission to accept private payments.
Accused of failing to disclose business interests, Hlophe has reportedly claimed to have had permission from former minister Dullah Omar 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 while the JSC investigated the matter.
The DA said the JSC must urgently conclude its probe and make public its findings. Alternatively, Mabandla should make her department’s position clear and take appropriate action against Hlophe.
”A continuation of the foot-dragging approach by the JSC and the department of justice can only cause further damage to the reputation of South Africa’s justice system,” the statement said. ”Both must act immediately to restore the public’s confidence in South Africa’s judicial system and maintain the integrity of our courts.”
The DA has asked Mabandla to clarify urgently whether Hlophe had been receiving payments from Oasis, and whether he had permission to do so.
JSC spokesperson Milton Seligson, SC, said on Tuesday the probe is still under way. ”Obviously, in the circumstances, it is not appropriate to comment until the investigation is complete.”
The JSC is to have its next meeting in October, by which time it is hoped a finding will have been made. ”But this depends on facts not within the commission’s control,” said Seligson. ”I cannot say the matter would definitely have been disposed of by then. We hope to have completed the investigation by then, but there are no guarantees.”
The JSC has the jurisdiction to remove a judge from office if the individual is found to suffer from incapacity, is grossly incompetent or guilty of gross misconduct.
Seligson could not foresee the effect of a possible guilty finding on cases to be heard on Hlophe’s watch in the meantime. ”I would rather not speculate about that. We cannot contemplate with the result of the investigation will be.”
Mabandla’s spokesperson Leslie Mashokwe referred all enquiries to the JSC. — Sapa