Western Cape Judge President John Hlophe arrived shortly after 10am on Thursday at Braamfontein’s Parktonian Hotel for the start of a new Judicial Service Commission (JSC) inquiry into a complaint involving him.
Prior to Hlophe’s arrival at the Johannesburg venue, the JSC commissioners, comprising advocate Marumo Moerane, Ishmael Semenya and Gauteng Judge President Bernard Ngoepe, held a brief private meeting.
More than 20 journalists and photographers watched as Hlophe made a quiet entrance, with his lawyer, Barnabas Xulu, carrying only a lever-arch file.
After allowing about five minutes for photographs, the JSC commissioners asked the media and the public to leave the room. After waiting outside for about 30 minutes, the media and public were allowed back in and proceedings began.
Hlophe began giving evidence shortly after 11am. He asked that he give his evidence under oath.
He stood up and said ”So help me God”, ending months of false starts in dealing with the matter.
Ngoepe opened the hearing by introducing those present, which included Chief Justice Pius Langa, his deputy, Dikgang Moseneke, and Judge Bess Nkabinde. Hlophe allegedly approached Nkabinde and her colleague, acting Judge Chris Jafta, to influence a pending judgment on Jacob Zuma, before he become president, in his now-abandoned corruption trial.
An eleventh-hour court judgement on Wednesday secured media access to the inquiry, which is starting over again after another court judgement set aside the initial proceedings.
Judge Frans Malan ruled in the South Gauteng High Court that a ”preliminary investigation” by the JSC into a complaint of misconduct against Hlophe, and his counter-complaint against the judges of the Constitutional Court, must be opened to the public and the media.
”An order is made … directing the [JSC] to permit representatives from the media to attend the preliminary hearing/investigation,” said Malan.
He also said the media houses must be permitted to ”set up such equipment as is necessary in order to obtain a sound recording” of the hearing for broadcasting purposes.
The JSC was made responsible for the costs of the case.
Hlophe is accused by Constitutional Court judges of allegedly making an inappropriate approach regarding a judgement on Zuma.
Hlophe lodged a counter-complaint that his rights were infringed when the details of the allegations were made public before he had had a chance to respond.
Meanwhile, Hlophe has been served with a summons by a United States law professor claiming damages because he believes he was insulted, the Times reported on Thursday.
Professor Winston Nagan’s R6-million claim is based on his allegation that Hlophe blamed him for delays in a judgement on a case they were presiding over.
Nagan believes this caused him injury to his good feelings, good name and reputation. — Sapa