Cape Judge President John Hlophe’s lawyer asked the High Court in Johannesburg on Monday for an interdict to stop the Judicial Service Commission’s (JSC) proceedings against him until his Constitutional Court application is concluded.
Hlophe’s lawyer Vuyani Ngalwana opened proceedings by stating he would apply for the impeachment proceedings against Hlophe to be declared unlawful and that the JSC conduct gave rise to a reasonable suspicion of bias.
With Presiding Judge Nigel Willis flanked by judges Morwa Tsoka and George Maluleke, proceedings were swiftly followed by argument over whether permission had been granted for the Constitutional Court judges to be cited in the case.
Hlophe is on special leave after allegedly discussing a case relating to President Jacob Zuma with two of the judges of the Constitutional Court — justices Bess Nkabinde and Chris Jafta.
He took the matter to the High Court in Johannesburg complaining about how the judges had handled the complaint and trying to stop the JSC hearings.
That court ruled his dignity had been infringed, but the JSC hearing should go ahead.
This matter has been heard before the Supreme Court of Appeals after the Constitutional Court judges appealed the high court decision, and is now in the process of being considered for hearing at their own court.
The filing of heads of argument in that case has been set down for May 29.
The JSC hearing into Hlophe’s conduct went ahead without him after he submitted a sick note in April, in spite of Ngalwana’s attempts to secure a postponement.
On Monday the three judges heard that in terms of court rules, if judges are sued in a case, permission has to be granted by their seniors.
So, permission had to be sought from the judges president of the Supreme Court of Appeal and the Eastern Cape Division where two judges were seconded from and the chief justice for his colleagues at the Constitutional Court.
Willis granted an extended tea break to establish whether this aspect had been taken care of.
Hlophe was not present. — Sapa