The case involving Cape Judge President John Hlophe was delayed on Wednesday when his lawyer told the Johannesburg High Court he objected to advocate Wim Trengove SC being appointed a friend of the court.
Dumisa Ntsebeza SC, representing Hlophe, said his client advised him on Tuesday evening that he was concerned about the court’s invitation to Trengove to act as a friend of the court.
”It might not come across as an independent position,” said Ntsebeza.
Trengove represented the state in the Constitutional Court case dealing with search-and-seizure raids related to ruling party president Jacob Zuma’s corruption charges.
Hlophe allegedly tried to improperly influence two Constitutional Court judges in the Zuma case. He is requesting the Johannesburg High Court to declare that the Constitutional Court infringed on his right to dignity when it published a media statement containing these allegations before offering him a chance to respond.
Judge Phineas Mojapelo said at the start of the hearings that the court had invited Trengove and his colleague, Carol Steinberg, to make submissions on the arguments presented in the Hlophe case.
Advocate Gilbert Marcus SC, representing the Constitutional Court judges in the Johannesburg High Court case, said he did not see a conflict of interest in Trengove’s appointment as a friend of the court.
”The Zuma cases have nothing to do with the issues which are before your lordships today [Wednesday],” said Marcus.
Trengove told the court: ”I am here only at the request of the court. I have no interest in this case.”
A full bench of five judges of the Witwatersrand Local Division is hearing the case.
The court adjourned to consider Ntsebeza’s arguments. — Sapa