The Institute for Democracy in South Africa (Idasa) and the University of Cape Town (UCT) have thrown their weight behind the push for open hearings on the complaint against Western Cape Judge President John Hlophe.
Written submissions to the Judicial Service Commission (JSC) backing public hearings have also been made by the Freedom of Expression Institute, the Freedom Front Plus and the Democratic Alliance.
Hlophe is accused of approaching some of the Constitutional Court judges improperly while they were deliberating cases involving African National Congress president Jacob Zuma.
Hlophe then laid a counter-complaint, claiming the court abused his rights by making its complaint against him public.
”Plainly, these are serious matters which could serve to undermine public confidence in the judiciary and the rule of law,” Idasa and UCT said in their submission to JSC acting chairperson Judge Craig Howie.
”Moreover, the allegations by the Constitutional Court and by Judge Hlophe have prompted a vigorous, but divisive, debate within the legal profession and beyond.
”In this highly charged atmosphere, South Africans from all communities are understandably anxious about the implications of these events.
”It is not inappropriate to suggest that South African democracy faces, in this inquiry, one of its greatest challenges,” wrote Idasa’s political information and monitoring service and UCT’s democratic governance and rights unit.
They contend that the hearings should not only be open to the public and the media, but that they should be broadcast, at least on radio.
”The JSC is dealing with a matter of great public importance and intense public interest.
”Media coverage of its proceedings will help ensure that there is public confidence that the complaints are being thoroughly and carefully considered.”
The JSC has yet to announce when the hearings will take place.
”This could prove to be a moment that either strengthens our national commitment to democratic values, or causes us to question them fundamentally,” said Idasa and UCT.
”At this delicate moment, then, we believe it is vital that the JSC makes every effort to ensure that its proceedings are regarded as legitimate and credible.
”Allowing the South African public to follow the proceedings, via the appropriate media coverage, is, we submit, fundamental to this.”
They submit that the constitutional values of accountability, responsiveness and openness apply to the functioning of the judiciary as much as to other branches of government.
While Idasa and UCT recognise that the JSC’s deliberations after the hearing will be private, they asked that ”as full and clear a set of reasons for any ruling on the complaints” be made public as soon as possible. — Sapa