Lots of smoke, but where’s the fire?

There’s an awful lot of smoke surrounding Cape Judge President John Hlophe. Where’s the fire?

In the latest fracas to involve the controversial judge, he is accused of trying to influence the Constitutional Court’s decision over search-and-seizure raids carried out by the Scorpions on properties of Jacob Zuma and French arms manufacturing giant Thint.

The Constitutional Court released a statement on May 30, saying that a complaint had been referred to the Judicial Services Commission (JSC) following allegations that Hlophe “has approached some of the judges of the Constitutional Court in an improper attempt to influence this court’s pending judgement in one or more cases”.

There was a clamour this week for “Judge Dread”, as the Times has dubbed him, to step down.

The General Council of the Bar, representing most of the country’s advocates, said it was “untenable” that Hlophe remained on active duty pending the investigation of the complaint.

“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 Judicial Service Commission must see how that can be facilitated as a matter of urgency,” it said.

In marked contrast, the Black Lawyers’ Association said it was “not joining the chorus” of calls for Hlophe’s head. It said, rightly, that nothing had been proved, and, in any case, “we do not know the facts”.

“We are aware the judges do discuss cases with other judges, even with other judges in other divisions,” it added, by way of explanation.

The point is, when a public figure involved in a scandal should step down — or failing that, step out of the picture while an investigation is conducted — all depends on one’s point of view.

It may be stretching the point, but should Max Mosley, the chief of motor racing’s world governing body, step down after being filmed submitting to a damn good caning by a sex worker?

Perhaps the judge feels that to relieve himself temporarily of his duties would in some way be construed as an admission of guilt. He’s weathered storms before, so why should he act on this one? Trouble is, this is a serious south-wester.

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