/ 4 July 2008

No Zuma submission to come in Hlophe tussle

African National Congress president Jacob Zuma will not be making a formal submission to the Constitutional Court over his concerns relating to the stand-off between the court and Cape Judge President John Hlophe.

Zuma’s attorney Michael Hulley said on Friday he had elected not to make any submissions to the Constitutional Court.

Hulley was expected to make a formal submission to the Constitutional Court after he had been asked to do so by the court following his June 20 letter in which he said: ”Disturbing allegations and counter-allegations of the most serious import have been made, the logical adjudication of which would invariably impact on the credibility of either the complainant or those complained against with all the necessary adverse inferences to be drawn.”

At the end of May, Hlophe was accused of attempting to influence the Constitutional Court’s decision on search-and-seizure raids carried out by the Scorpions on properties of Jacob Zuma and French arms manufacturing giant Thint.

After Hulley’s letter, Chief Justice Pius Langa asked the National Prosecuting Authority (NPA) and Zuma for their submissions on the Hlophe stand-off.

The Cape Argus reported last month that the NPA did not share Zuma’s concerns and quoted from an NPA’s letter to the court: ”[The NPA] considers these matters need not and should not affect the Constitutional Court’s determination of the present applications or the [Zuma] judgements that have been reserved.”

Wrote state attorney KI Chowe: ”We do not share the concerns expressed on Mr Zuma’s behalf.”

Hulley could not be reached for comment on the reason behind his decision not to make a formal submission.

The Argus reported on June 29 that ”Hulley has indicated that Zuma was still in the process of preparing his submissions, which are due on July 4”.

The Pretoria News reported on Tuesday that ”Zuma’s attorney, Michael Hulley, has confirmed he will make a submission to the Constitutional Court by Friday.”

The Judicial Service Commission is expected to meet on Saturday to deal with disciplinary matters, where the case against Hlophe is likely to be discussed.

The Pretoria News reported that Saturday’s meeting of the JSC will likely determine whether it will ”launch an impeachment inquiry against him [Hlophe] and whether it will ask President Thabo Mbeki to suspend him pending finalisation of proceedings”.

Hlophe has denied allegations that he tried to lobby Judge Bess Nkabinde and acting Judge Chris Jafta. — Sapa