The Judicial Service Commission (JSC) has opted for a closed inquiry into the dispute between Western Cape Judge President John Hlophe and the Constitutional Court judges, Business Day reported on Tuesday.
The commission will conduct a ”preliminary investigation” rather than a formal open hearing on the dispute as previously decided.
The move comes in the wake of a campaign by Hlophe supporters to have him appointed the next chief justice.
JSC spokesperson Marumo Moerane told Business Day the investigation would be a closed one, and declined to say if the record would be made public.
Not making the record of the proceedings public would deny the public full disclosure on what exactly happened between Hlophe and the two judges, Bess Nkabinde and Chris Jafta, at the centre of the complaint.
While JSC rules allow for a preliminary investigation, it held a formal inquiry in April, which a court ordered to be open after an application by media houses.
Moerane said the closed hearing was not ”backtracking” or the result of any political pressure.
”There has been no undue political pressure on the Judicial Service Commission at all.”
The new approach was prompted by the High Court in Johannesburg, which found that the JSC’s formal hearing on April 7 and 8 was unlawful, and ordered that the JSC begin this part of its proceedings from scratch.
The investigation would be closed and limited to questioning of Hlophe and Nkabinde and Jafta, the two judges he allegedly approached. It had not yet been decided if they would be cross-examined.
The investigation would be conducted by a JSC subcommittee, whose members had not yet been selected, which would refer the full record of the investigation to the full JSC, which would then decide whether or not to proceed to a formal hearing.
Moerane said the committee’s decision would be made public and reasons given.
The Constitutional Court judges complained to the JSC that Hlophe had sought to improperly influence judgments pending in their court involving President Jacob Zuma.
Hlophe counter-complained that the judges had treated him unfairly in the way they had made their complaint. — Sapa