/ 1 September 2009

Judges: No comment on Hlophe case

The Constitutional Court bench and the judges who laid the misconduct complaint against Western Cape Judge President John Hlophe said on Tuesday they had no comment about the decision to dismiss the dispute.

”Justices of the Constitutional Court and Judges (Chris) Jafta and (Frank) Kroon who laid the complaint concerning the conduct of Judge President Hlophe have received the decision of the Judicial Service Commission and note the contents of the majority and minority decisions,” they said in a statement.

”The commission is the body mandated by the Constitution to deal with complaints relating to judicial conduct. The Justices have no comments regarding the decision of the commission.”

The judges vowed to uphold the independence of the judiciary and carry out their work as prescribed by the Constitution.

”They wish to reaffirm their commitment to continue to uphold the independence and impartiality of the judiciary and, to the best of their ability, to adjudicate all matters before them in accordance with their oath or solemn affirmation to administer justice to all people alike, without fear, favour or prejudice, guided only by the Constitution and the law.”

The Judicial Service Commission (JSC) on Friday said it would not proceed with an inquiry into a complaint by Constitutional Court judges that Hlophe tried to interfere with pending judgements in the now abandoned corruption case against Jacob Zuma before he became president.

The decision, which divided the JSC, brought an end to a 15-month saga and paves the way for Hlophe to take up a seat at the highest court in the land.

He has been nominated for one of the vacancies at the Constitutional Court in October. — Sapa