The support of Chief Justice Pius Langa could mean that Cape Judge President John Hlophe will escape censure from the Judicial Service Commission (JSC).
Hlophe has been embroiled in a long-Ârunning crisis over payments he received from Oasis, the financial services company. His payments totalled almost R500 000 in retainers. While he was on its payroll Hlophe gave Oasis permission to sue Judge Siraj Desai of the same Bench for defamation.
The JSC is split on the matter, which is likely to come up in a five-day sitting beginning on Monday. The Mail & Guardian has learnt that Langa supported the group in the JSC that believes there is no reason to take action against Hlophe.
At the JSC’s August meeting, the following members of the JSC allegedly voted in support of Hlophe and said no finding should be made against him: Langa, Transvaal Judge President Bernard Ngoepe, JSC spokesperson and advocate Marumo Moerane, advocate Seth Nthai and Judge Edward Ngubane.
The following members apparently voted to make a finding against Hlophe: advocate George Bizos, Judge Craig Howie, advocate Milton Seligson, advocate Julian von Klemperer and advocate Kgomotso Moroka.
Ngoepe allegedly said the allegations against Hlophe were a media conspiracy against black judges and should only be taken seriously if there was a Âsmoking gun.
Langa allegedly supported the Ngoepe grouping and has asked for evidence showing when Hlophe’s relationship with Oasis started. Three sources have separately alleged that Langa would like the matter to go away and that pressure may be brought to bear on Desai.
Desai has, ironically, become the man holding Hlophe’s future in his hands. According to a lawyer it was Desai who introduced Hlophe to Oasis director Nazeem Ebrahim. The date of this introduction is crucial to Hlophe’s defence and it is alleged that there is pressure on Desai to fudge his recollection thereof in a statement he was asked to make to the JSC.
The M&G has been told that Hlophe only met Ebrahim almost a year after former justice minister Dullah Omar left his post. ÂHlophe has always said that Omar gave him permission to consult to Oasis, though it is clear from court papers in the Desai defamation matter that payments from the retirement fund started well after Omar left the Cabinet.
‘I have no comment on this matter,†Desai said when asked if and when he introduced Hlophe to Ebrahim.
When Hlophe was approached for comment he said: ‘Write whatever you like and don’t phone me again. Goodbye.â€
Langa was not available for comment.
In 2004, Hlophe gave Oasis permission to sue Desai after he allegedly defamed the company. A judge cannot simply be sued and applicants need permission from the judge president.
After Hlophe gave Oasis permission to sue Desai, Hlophe continued to receive his monthly R12 500 payment from Oasis and thereafter received two more payments, of R25 000 each.
Hlophe has repeatedly said that he received oral permission from Omar to receive monthly payments from Oasis. According to the JSC rules, permission must be granted in writing.
According to documents the Oasis group filed in an aborted defamation suit against Desai, Hlophe started receiving monthly payments for his work as a trustee of the Crescent Retirement Fund more than two years after Omar left the justice portfolio.
Hlophe’s payments from Oasis stopped in May 2006 after he had received 36, totalling R467 500. Hlophe has told the JSC that Oasis had run out of money so payments only started well after Omar had left the Cabinet. But the Crescent Retirement Fund, administered by Oasis Retirement Solutions, of which
Hlophe was made an independent trustee and for which he received monthly payments, was only established in July 2000, six months after Omar left
his justice portfolio.