/ 13 April 2007

Top Cape judge off the hook, for now

Cape Judge President John Hlophe is off the hook for now, after the Judicial Service Commission (JSC) on Friday to postpone a decision about impeachment proceedings against him.

Briefing the media in Cape Town, Chief Justice Pius Langa said the commission has decided that the matter can only be finalised after the conclusion of the Oasis Group’s court case against Judge Siraj Desai, where Hlophe might be called in as a witness.

”This case may have bearing against complaints against the judge president … The JSC accordingly decided unanimously to defer finalisation of the complaints until the Oasis vs Desai matter had been concluded,” he said.

The case of Oasis vs Desai will be heard in the Cape High Court from June 11 to 13.

Oasis is suing Desai for defamation after he accused the company of fraud in relation to a property development in Cape Town. Hlophe, as judge president, had to give permission for the civil action against Desai.

A complaint against Hlophe — which may lead to impeachment — was brought by Cape Town advocate Peter Hazell, SC. He asked the JSC to investigate a string of accusations against the Cape judge president, including one of gross incompetence.

Some of the accusations Hazell made relate to Hlophe’s public statements that he ”could not care less” about the findings of the Supreme Court of Appeal in a case between Health Minister Manto Tshabalala-Msimang and pharmaceutical companies. — Sapa