/ 26 March 2009

JSC to meet next week for Hlophe hearing

The Judicial Service Commission (JSC) will hear the matter relating to Cape Judge President John Hlophe between April 1 and 8, spokesperson Marumo Moerane said on Wednesday.

Moerane said although an exact venue had not yet been finalised, next week’s meeting would take place somewhere in Gauteng.

President of the Supreme Court of Appeal (SCA) Lex Mpati will head the hearings. This Saturday a decision would be taken as to whether the hearings would be open to the public, said Moerane.

Last year the Constitutional Court judges lodged a complaint with the commission that Hlophe had allegedly approached two judges in an inappropriate manner.

This was while they were considering how to rule on African National Congress president Jacob Zuma’s challenge to searches carried out in the investigation against him.

Hlophe subsequently complained to the JSC that his rights had been violated when the court made the complaint public minutes after informing him.

On Monday nine SCA judges were hearing an appeal by the Constitutional Court judges against a high court ruling favouring Hlophe that was handed down in September last year.

The High Court in Johannesburg found that the release of a media statement by the Constitutional Court judges detailing ”untested allegations of gross misconduct” against Hlophe was unlawful.

The Constitutional Court had complained in June last year that Hlophe had tried to influence two of its judges who were weighing up a ruling on the validity of search warrants against African National Congress (ANC) president Jacob Zuma.

The high court also found the publication of allegations in the media was unreasonable and unjustifiably violated Hlophe’s constitutional right to dignity and his right to comment prior to and in relation to such publication.

On Monday advocate Gilbert Marcus, defending the Constitutional Court’s judges, told the SCA that the effect of the high court’s majority decision was that it had taken over the work of the JSC.

”The JSC is the constitutionally mandated body to deal with investigations into misconduct by judges,” he said.

Hlophe is on special leave, although he tried unsuccessfully to go back to work at the beginning of February. — Sapa