The Judicial Services Commission (JSC) will meet on Friday to discuss the latest allegations against Cape Judge President John Hlophe, JSC spokesperson Marumo Moerane said on Wednesday.
The meeting will take place in Johannesburg, at a hotel near Oliver Tambo International Airport, he said.
Last week, Constitutional Court judges accused Hlophe of attempting to influence the court’s decision over search-and-seizure raids carried out by the Scorpions on properties of African National Congress president Jacob Zuma and French arms manufacturing giant Thint.
The complaint has been referred to the JSC.
Moerane said he had not yet received an agenda for the hastily arranged meeting — the next scheduled meeting of the JSC is in October — but assumed it would be a preliminary meeting.
”I think it’s probably at attempt to try to expedite things… share ideas and see what we have on the table, what documents have been presented,” he said.
Asked about reports that Chief Justice Pius Langa, who normally chairs the JSC, would not do so in this case because the complaint originated from his court, Moerane said Langa would not be at Friday’s meeting because he was out of the country.
However, because of the involvement of the Constitutional Court judges, he doubted whether Langa would be involved.
Friday’s meeting will not include the MPs nominated to the JSC, who take part only in the selection of new judges.
‘Special leave’
The General Council of the Bar (GCB), representing most of the country’s advocates, on Tuesday added its voice to calls for Hlophe to step down.
”It is untenable that, pending the investigation of the complaint, the judge president stays on active duty,” GCB chairperson Jannie Eksteen said in a statement.
”The seriousness and source of the complaint, as well as its ramifications, demand that he goes on special leave.
”If he does not do so voluntarily, the minister of justice … and/or the JSC must see how that can be facilitated as a matter of urgency.”
Eksteen said that the allegations struck at the heart of the legal profession and the judiciary.
The GCB welcomed indications that the JSC would deal with the complaint swiftly, and called on it to ensure the process was transparent.
Earlier, in a similarly worded statement, the Cape Bar Council called on Hlophe to step down until the complaint had been resolved.
It said that to safeguard public confidence in the judiciary, it had asked the JSC to ”facilitate judge Hlophe’s absence from office” pending the determination of the complaint”.
The Law Society of South Africa, representing attorneys, has urged the JSC to deal with the complaint swiftly.
BLA: No need for him to step down
Meanwhile, the Black Lawyers Association (BLA) said on Tuesday there was no need for Hlophe to step down ahead of the inquiry into his conduct.
”The BLA will not join the chorus of those who say the JP [judge president] must step down pending the outcome of the JSC inquiry,” the organisation’s president, Andiswa Ndoni, said in a statement.
”This is because the JP is entitled to a fair process and to a presumption of innocence till his guilt or otherwise has been proved.”
”Our position on the issue is that we do not know the facts, and in any event we are aware the judges do discuss cases with other judges, even with other judges in other divisions.
”And therefore, because there is no evidence as to what exactly happened, the profession must wait to hear what the JSC will decide.
”The BLA would only urge that the JSC must be expeditious in dealing with the issue,” she said.
”He is guilty of no crime, and he should be entitled to be treated as such.” — Sapa