A full bench of the Witwatersrand Local Division started hearing Cape Judge President John Hlophe’s application against the Constitutional Court and the Judicial Service Commission (JSC) on Tuesday.
”This is quite an historic occasion because of the nature of the matter before you,” said Dumisa Ntsebeza, representing Hlophe, who did not attend the hearing at the Johannesburg High Court.
Five judges are presiding over the hearing. They are Judge Phineas Mojapelo, Judge Antonie Gildenhuys, Judge Seun Moshidi, Judge Rami Mathopo and Judge Dirk Marais.
Hlophe is applying for an order to have action by the Constitutional Court against him declared unlawful.
Hlophe is challenging the Constitutional Court’s announcement, in a media release in June, that he was under investigation for trying to unduly influence judges. He said the court abused his rights when it made the matter public.
Ntsebeza told the bench that it needed to decide whether Hlophe’s right to human dignity had been infringed.
”You have to decide whether there is conduct you feel is inconsistent with the Constitution,” said Ntsebeza.
At the start of the hearing, Judge Mojapelo said the court had decided to invite advocates Carol Steinberg and Wim Trengove as friends of the court. They would observe the hearing and make their submissions on Wednesday on the arguments heard in court.
The Constitutional Court judges claimed Hlophe tried to improperly influence Judge Bess Nkabinde and Acting Judge Chris Jafta in their decisions on the legality of search-and-seizure raids in African National Congress president Jacob Zuma’s corruption case.
Hlophe is also asking the high court for an order to stop the JSC hearing on the same matter against him. Earlier, the JSC dismissed an application by Hlophe for the recusal of five JSC commissioners in the matter.
Hlophe claimed the commissioners were biased because they had dealt with another case against him, where he was accused of receiving money from investment group Oasis without asking the justice minister’s permission. — Sapa