Cape Judge President John Hlophe has applied for an order that the Constitutional Court has violated his rights, and wants to stop the Judicial Service Commission (JSC) hearing against him, media reported on Thursday.
He reportedly applied for a declaratory order, asking that the Witwatersrand Local Division find that the Constitutional Court violated his rights.
Hlophe allegedly approached some Constitutional Court judges improperly while they were deciding on 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.
The court made a public statement on the matter and lodged a complaint with the JSC, which Hlophe is unhappy about. The JSC is currently considering whether to make the hearings open to the public.
Hlophe’s attorney, Lister Nuku, initially told the South African Press Association that he was not aware of the applications, but later said ”there is an approach made to the court for certain relief”, adding that he was not allowed to provide further details, or the court papers, in line with his instructions.
A request has been made for the case to be set down for August 7.
The JSC was not immediately available to comment.
Serious matters
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 Hlophe.
Written submissions to the JSC backing public hearings have also been made by the Freedom of Expression Institute, the Freedom Front Plus and the Democratic Alliance.
”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. — Sapa