South Africa’s first political-style campaigning for a judicial position kicked off on Thursday when supporters of Western Cape Judge President John Hlophe’s bid to become chief justice announced their candidate’s nomination.
The Justice for Hlophe Alliance, which according to chairperson Percy Gumbi is funded from its members’ own pockets, officially announced Hlophe’s acceptance of their nomination. ”I want to put it on record that Judge President Hlophe has actually signed the nomination letter and he accepted the nomination as such,” said Gumbi.
He explained that his movement was formed to support Hlophe because there were ”forces of darkness” bent on destroying his chances of becoming chief justice. Pressed on who or what constituted these dark forces, all he could muster was: ”I am afraid I can’t comment.”
Gumbi also revealed that Hlophe’s lawyer, Barnabas Xulu, had confirmed that the Judicial Service Commission (JSC) would still act against Hlophe on long-standing allegations that the Constitutional Court candidate attempted to influence the court’s judges, Bess Nkabinde and Chris Jafta, to find in favour of President Jacob Zuma.
”Mr Xulu said that they have already received a letter saying they [the JSC] will be going ahead with the hearing — I think some time next week,” Gumbi said.
He added that JSC spokesperson advocate Marumo Moerane had told the Justice for Hlophe Alliance that the JSC would need to meet first next Saturday to short-list candidates — and so decide whether Hlophe is eligible to stand for the highest court.
Gumbi said it was a ”contradiction” for the JSC to pursue disciplinary action against Hlophe while considering his candidacy for the country’s top judicial post. ”But we are not scared,” Gumbi said, adding that the alliance believes Hlophe is ”innocent”.
The unprecedented campaigning for chief justice came after the JSC closed nominations for four vacancies that will arise when Chief Justice Pius Langa and judges Yvonne Mokgoro, Albie Sachs and Kate O’Regan retire in October. The statutory body is scheduled to hold interviews on September 5.
A smartly dressed Gumbi, who was flanked by the alliance’s Gauteng convener, Jabu Khuluse, took journalists through Hlophe’s life story and went to some pains to depict his upbringing as modest, if not poor.
”He started his primary education in 1967 in one of those farm schools under a tree or a church nearby. He used to travel kilometres with his brother through the rivers and valleys to get this education,” said Gumbi.
The embattled judge, journalists were told, attended the famous school founded by ANC founding president Reverend John Dube, Ohlange High School.
The school boasts the likes of former deputy president and Cope member Phumzile Ngcuka and current Minister for Justice and Constitutional Development Jeff Radebe as alumni. ”By the way he was very passionate about biology. Unfortunately he could not make it as a doctor,” said Gumbi.
Gumbi told journalists that Hlophe had published widely, including an article titled ”Some Reflections on Constitutional Development after the Demise of Apartheid”.
”So, you see, he was forseeing the future, ja,” said Gumbi.
Confusion reigned during question time when an unidentified ”activist” who refused to identify himself occasionally interrupted to answer questions on behalf of the two alliance members.
When asked if it was not far-fetched to nominate Hlophe for the chief justice — when doing so is the president’s prerogative — Gumbi smiled before handing over to an equally smiling Khuluse.
Khuluse accused the media of a plot against Hlophe and added: ”For us to go public and say we nominate a particular individual does not mean we are above any process in this country. What we are saying is that South Africa cannot afford to lose the talent of young men who are capable of transforming the judiciary.”
The two alliance members, who smiled a lot when faced with tough questions, laughed heartily when asked to account for the number of supporters they had.
”At this point I don’t have the figures off the top of my head but we have quite a number of people supporting the cause,” said Khuluse. Pressed for exact figures he repeated: ”I don’t have the figures off by heart”.