Langa lynched me, says Hlophe

Western Cape Judge President John Hlophe told an investigatory committee of the Judicial Service Commission (JSC) on Thursday that he believed Chief Justice Pius Langa and Deputy Chief Justice Dikgang Moseneke had waged a ‘political” campaign against him.

‘I was lynched and insulted because of their conduct [releasing the allegations against him to the media],” he told the committee, sitting in Johannesburg.

The hearing, which was initially closed by the JSC, which wanted it held in camera, was ordered by South Gauteng High Court Judge Frans Malan to be open to the public after the Mail & Guardian and other media houses launched an urgent court action.

Earlier in the week Hlophe told the South Gauteng High Court, in a sworn affidavit, that his ‘conscience was clear” and that he ‘had nothing to hide” and would testify at a public hearing.

At Thursday’s hearing one of his accusers stuck to her guns. Bess Nkabinde, a Constitutional Court judge and one of the two judges Hlophe allegedly tried to influence in a case involving President Jacob Zuma, told the JSC committee she stood by her original statement.

She said Hlophe had told her on the phone that he ‘had a mandate” and she denied ‘initiating” the conversation on the matter of privilege which was at issue in the Zuma case.

Hlophe, who testified under oath after the JSC indicated this was unnecessary, told the committee that Nkabinde told him about the issue of the privilege note. ‘She told me she was busy writing a note on privilege — that came from her own mouth,” said a relaxed-looking Hlophe.

He denied telling Nkabinde he had a ‘mandate” to speak to her, saying that the ‘context” of the meeting was Langa’s earlier request to him to organise a conference for judges.

He also denied trying to influence Nkabinde and Judge Chris Jafta, who also gave evidence. ‘I never said I had a mandate or was connected to the NIA [National Intelligence Agency],” said Hlophe. But he confirmed that he had said ‘sesithembele kunina” (we are relying on you), but only as ‘encouragement” to Jafta and the rest of the court.

He said he was merely saying the court ‘will sort out” the Zuma matter. He also confirmed saying, after Nkabinde inquired about his spat with members of the legal profession: ‘I am like Zuma, people will always find something wrong.”

Nkabinde gave evidence before the JSC in April at a Sandton Hotel. Hlophe successfully petitioned the high court to set aside the Sandton hearing after it was conducted in his absence.

The high court decision, which the JSC did not appeal, led to this week’s JSC decision to hold a preliminary inquiry into the complaint against Hlophe by Nkabinde and 12 permanent and acting Constitutional Court judges.

Nkabinde said she remembered Hlophe saying to her in Zulu ‘that he would like to discuss the issue of privilege”. She said that had not expected the issue to arise and had ‘snapped” at Hlophe.

Jafta had earlier warned her that Hlophe would want to discuss the Zuma case. Nkabinde also confirmed that she had written the note on privilege and offered to pass proof of this on to the commission.

Ending his testimony Hlophe said that, despite his experiences with the Zuma matter, he still believed in the judiciary and would love to contribute to it. He labelled his ordeals ‘a long walk to freedom”.