The first outcome of an African National Congress-friendly Judicial Service Commission (JSC) is the decision to hold closed hearings on the dispute involving Western Cape Judge President John Hlophe, Democratic Alliance leader Helen Zille said on Tuesday.
”Over the last six weeks the ANC has quite deliberately garnered itself a majority on the JSC,” Zille said in a statement.
”This decision is extremely regrettable — Judge Hlophe stands accused of exerting improper influence on Constitutional Court judges Chris Jafta and Bess Nkabinde in a case that involved President Jacob Zuma.”
The JSC, which is sitting in Cape Town, said it would conduct a ”preliminary investigation” rather than a formal open hearing on the dispute as previously decided.
The investigation would be closed and limited to questioning of Hlophe, 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. It would refer the record of the investigation to the full JSC, which would then decide whether or not to proceed with a formal hearing.
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.
”This is clearly a matter of significant importance to the public, and section 9(3) of the Judicial Service Commission Act provides for JSC meetings to be held in public in such circumstances,” Zille said.
”It is essential that the JSC commits to releasing a record of these hearings publicly.
”Anything less than that would be an abrogation of its constitutionally mandated responsibilities as an independent and accountable body.”
Back to work
Meanwhile, Hlophe is set to return to work, the South African Broadcasting Corporation reported on Monday.
National Prosecuting Authority (NPA) spokesperson Tlali Tlali told the broadcaster that Justice Minister Jeff Radebe had received notification from Hlophe of his intention to resume his duties on July 27.
Hlophe has been on special leave since May last year, when the Constitutional Court judges lodged their complaint.
Last week, the lobby group Justice for Hlophe Alliance said it hoped to see Hlophe as the chief justice of the Constitutional Court.
JSC spokesperson advocate Marumo Moerane said last week that a shortlist for nominations for the vacancies left by retiring Chief Justice Pius Langa and justices Yvonne Mokgoro, Kate O’Regan and Albie Sachs would be released on July 25.
The list would then be made available to the legal fraternity for comments on the suitability of each candidate.
The JSC would hold public interviews with the shortlisted candidates and furnish a list of seven names to Zuma, who would fill the four posts from this list.
The post of chief justice need not necessarily be filled by one of the nominated candidates, but is the president’s prerogative. He has in the past elected to consult with the JSC on his selection. — Sapa