Western Cape Judge President John Hlophe has informed Minister of Justice and Constitutional Development Jeff Radebe that he intends to return to work after the current court recess comes to an end.
Hlophe has been on self-imposed leave pending hearings into his conduct by the Judicial Service Commission. He faces allegations that he tried to exert improper influence on Constitutional Court judges Bess Nkabinde and Chris Jafta in a case involving President Jacob Zuma.
This is the second time Hlophe has sought to return to work. After his first attempt, he was ordered to go back on leave by former justice minister Ever Surty.
This week, the Mail and Guardian reliably learned that Hlophe sent a two-page letter to Radebe “informing” him of his intention to return to his chambers in Cape Town.
Hlophe’s lawyer, Barnabas Xulu, confirmed that a letter was sent to Radebe this week but refused to elaborate on its contents.
Radebe’s spokesperson, Tlali Tlali, could not confirm that Hlophe had written to the minister “because no such correspondence has reached the minister’s office. There has not been an inquiry with the ministry regarding receipt of the said letter.”
The M&G has, however, been told that the letter informs Radebe that Hlophe will return from long leave on July 27.
After the judges of the Constitutional Court lodged a complaint with the JSC about his alleged dealings with judges Nkabinde and Jafta, Hlophe lodged a counter-complaint that the judges had infringed his rights by publishing the allegations against him.
Hlophe won an order from the South Gauteng High Court in Johannesburg stating that his rights had been infringed by 13 permanent and acting judges of the Constitutional Court.
This decision was later overturned by the Supreme Court of Appeal.
He later won a second high court order, which found that the JSC had infringed his right to a fair hearing by proceeding without him when he had produced a medical certificate explaining his absence.
This order still stands and is the basis for Hlophe’s stated intention to return to work.
His letter, according to the account given to the M&G, is polite and points out that the JSC has not made any attempt to resolve his grievance since the South Gauteng High Court ruled in his favour.
He remarks that he is still unable to work, while the JSC continues with its business, including that of appointing judges.
Hlophe’s supporters have previously said that by not dealing with the matter, the JSC is trying to frustrate his efforts to make himself available for a seat on the Constitutional Court after four sitting judges retire in October.
The M&G has learned that Hlophe will shortly announce his intention to run for the Constitutional Court.