Lawyers for Cape Judge President John Hlophe requested a third postponement of his judicial misconduct hearing before the Judicial Services Commission (JSC) on Tuesday.
JSC committee chairperson Judge Lex Mpati adjourned the hearing at about 11.30am to discuss the application for a postponement which was opposed by lawyers representing the judges of the Constitutional Court.
Hlophe, who had the flu last week, was not present. He was still ”in a particularly mischievous physical health”, his lawyer Vuyani Ngalwana told the commission.
”We tried under difficult circumstances to consult with the Judge President yesterday afternoon. He claimed he was in no position to consult,” said Ngalwana.
Hlophe would not be ready to testify or ”participate meaningfully” in the hearing because his symptoms had not ”completely abated”, said Ngalwana.
”The Judge President is still unwell and so he is unable to continue with this hearing. Our instructions are to seek a postponement … He may well have another examination today to determine whether the symptoms have completely abated,” said Ngalwana.
”We are here today to seek a — postponement application.”
Advocate George Bizos asked whether Hlophe could be consulted by phone, but Ngalwana said he was not prepared to continue without his presence.
”The man is indisposed. He can’t pick up the phone because he has the flu?” asked Bizos.
”Mr Bizos is obviously ridiculing the condition of the Judge President,” replied Ngalwana, who then said Hlophe’s condition was ”far more serious” than flu.
If granted, this would be the third postponement since last week.
Last Wednesday, the hearings were postponed until Saturday because Hlophe had a ”mischievous bout of flu”. On Saturday, the hearings were postponed again, this time because Hlophe had appointed new legal counsel, advocate Brian Pincus.
Pincus had argued that he needed at least 10 days to go through all the paper work, but the commission ruled that the hearings commence on Tuesday.
It emerged on Tuesday that Pincus was no longer representing Hlophe.
”The Judge President has now also lost confidence in the replacement senior counsel, Mr Pincus,” said Ngalwana.
He said Pincus should not have requested a postponement based on the need to go through the paper work. Instead, he should have requested a postponement based on Hlophe’s medical condition, said Ngalwana.
But advocate Gilbert Marcus, representing the judges of the Constitutional Court, said he believed the hearings should go ahead in Hlophe’s absence.
”We would oppose the application and ask the commission to go ahead,” said Marcus.
”Once again, for the third time in six days, all of our clients are here. They are ready, anticipating that this proceeding would get under way,” said Marcus.
The JSC is investigating a complaint by the judges of the Constitutional Court that Hlophe allegedly tried to interfere in a judgment related to African National Congress leader Jacob Zuma’s corruption case.
Hlophe has in turn complained that the judges violated his rights by announcing the allegations against him in the media without giving him an opportunity to respond.
The hearings were adjourned until later on Tuesday pending a decision on the latest postponement application. — Sapa