The Judicial Service Commission (JSC) hearing into a misconduct complaint against Cape Judge President John Hlophe will continue despite his lawyers withdrawing, it ruled on Tuesday.
But while the JSC commissioners were confidentially discussing the decision, it was discovered that the conversation was being taped illegally, committee chairperson Judge Lex Mpati said.
”While we were having a private session of the commission, our discussions, it seems, have been taped. The tape recorder, it appears, was linked to a laptop computer. We don’t know how far our discussions, which [were] supposed to have been private, had gone. I think we need to mention too that those discussions were privileged and confidential,” said Mpati.
The commission then called its first witness, Chief Justice Pius Langa.
The JSC is investigating a complaint by the judges of the Constitutional Court that Hlophe allegedly tried to interfere in a judgement 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.
Hlophe’s lawyer Vuyani Ngalwana had asked for another postponement saying Hlophe had not yet recovered from a bout of flu, but this was turned down.
”Before the adjournment, we considered a request by Mr [Vuyani] Ngalwana for him and his team to be excused following our decision to refuse an application for a postponement,” said committee chairperson Judge Lex Mpati.
”It follows that we are unable to excuse you from the hearing.”
Ngalwana, who has maintained that his client is too sick to attend the hearing, replied: ”So chair, we shall withdraw from the matter …
”He [Hlophe] won’t be able to here tomorrow, he won’t be able to be here the day after… it would not be in his best interests for us to represent him in his absence.
”The best way we can represent our client is by withdrawing from the matter.” — Sapa