The Judicial Service Commission (JSC) needs to clarify its ”contradictory” statements, before Cape Judge President John Hlophe can accept its offer, said his lawyer on Friday.
Barnabas Xulu told the South African Press Association (Sapa) that on Friday he submitted an affidavit to the high court in Johannesburg stating he was waiting for the JSC to give him clarity on its offer.
On Thursday the commission offered to let Hlophe lead his own case in the long-running disciplinary investigation against him, his lawyer said.
But Xulu first wants clarity on differences between the statements of commissioner Mvuseni Ngubane and commissioner George Bizos over a private discussion on whether to allow a postponement of Hlophe’s hearing in April.
”We don’t want any guarantees from them [the JSC], all we want to know is whether Ngubane had seen affidavits submitted by Lex Mpati [Supreme Court of Appeal President] and George Bizos,” he said.
In those affidavits, Bizos said Ngubane had made ”incorrect inferences” when he alleged that the JSC refused to grant Hlophe a postponement as it wanted the matter finalised before the April 22 elections.
In an earlier affidavit, Ngubane had said: ”Another view was expressed that we must make sure that we at least start [with] the evidence in order to have the matter heard before the current commissioners, so that ‘when they [the President Jacob Zuma administration] start doing their shenanigans after elections, we shall be seized with the matter’.”
Xulu asked if Ngubane had seen Bizos’s statement, which appeared to contradict his version of events.
”Now how can I let my client submit himself to such a divided commission?” said Xulu.
JSC spokesperson Marumo Moerane said he did not want to discuss the matter as it was sub judice.
”What I’ve heard is that Judge Hlophe’s lawyers have submitted something in court. I believe that our counsel is also preparing to submit,” he said.
Hlophe and the JSC had been urged by the court to reach a settlement and fax it to presiding Judge Nigel Willis by Friday.
Hlophe was accused last year by the judges of the Constitutional Court of trying to interfere in a judgment relating to Zuma.
They complained to the JSC, and Hlophe in turn complained about the way they handled the matter.
He believes they infringed his dignity when they made the matter public almost immediately after informing him of their complaint.
He also alleged that the JSC committee handling the matter was not properly constituted.
This was because former justice minister Enver Surty had recused himself on the grounds of having tried to broker a resolution.
When the JSC’s hearings into the matter began, Hlophe at first submitted a sick note saying he was too ill to attend, and then later asked for a postponement so his lawyers could prepare.
He then complained of bias, but the JSC rejected his allegations. –Sapa