JSC still to decide how to handle Hlophe matter

The Judicial Service Commission (JSC), which met behind closed doors in Cape Town on Monday, is yet to decide on several pressing matters before it, including the procedure to follow in the long-running saga involving Western Cape Judge President John Hlophe and the justices of the Constitutional Court.

JSC spokesperson, Carel “CP” Fourie said the JSC, which sits in the mother city this week to interview candidates for various positions on the judiciary, should reach a decision on the procedure to follow regarding the Hlophe matter this week.

The Constitutional Court recently upheld a Supreme Court of Appeal judgment compelling the JSC to reopen the investigation into the complaints and counter-complaints by the court’s bench and Hlophe respectively.

The JSC had in 2009 decided against investigating the complaints fully — which the appeal court found was illegal.

The entire bench of the Constitutional Court at the time had filed a complaint of judicial misconduct against Hlophe for allegedly approaching its judges Chris Jafta and Bess Nkabinde and attempting to influence them in a case before the court which involved corruption charges against President Jacob Zuma.

Hlophe had laid a counter-complaint against these judges alleging that a press release which had been sent out about the complaint had impinged upon his constitutional right to dignity.

On Monday morning, General Council of the Bar (GCB) chairperson Gerrit Pretorius had also made submissions to the JSC.

Fourie, would not comment on the nature of the discussions, only to say that it was “fruitful and constructive” and that it confirmed the vision of both the GCB and the JSC of a “transformed judiciary”.

It had been reported over the weekend that Pretorius was to meet with the JSC to articulate the GCB’s concerns about the lack of willing candidates to vie for the single vacancy on the Constitutional Court’s bench — which has been advertised twice already with the JSC unable to draw up a shortlist of suitable candidates to send to President Zuma.

The JSC interviews are due to start on Tuesday and will continue until Friday with competition for positions including the judge presidency of the North and South Gauteng High Court and the deputy judge president’s position in KwaZulu-Natal.

PW Botha wagged his finger and banned us in 1988 but we stood firm. We built a reputation for fearless journalism, then, and now. Through these last 35 years, the Mail & Guardian has always been on the right side of history.

These days, we are on the trail of the merry band of corporates and politicians robbing South Africa of its own potential.

To help us ensure another 35 future years of fiercely independent journalism, please subscribe.

Niren Tolsi
Niren Tolsi

Niren Tolsi is a freelance journalist.

His areas of interest include social justice; citizen mobilisation and state violence; protest; the constitution and the constitutional court and football.

Advertisting

‘My biggest fear was getting the virus and dying in...

South African Wuhan evacuee speaks about his nine-week ordeal

Border walls don’t stop viruses, but a blanket amnesty might

Why South Africa should consider amnesty for undocumented migrants in the time of the coronavirus outbreak.

Mail & Guardian needs your help

Our job is to help give you the information we all need to participate in building this country, while holding those in power to account. But now the power to help us keep doing that is in your hands

Press Releases

The online value of executive education in a Covid-19 world

Executive education courses further develop the skills of leaders in the workplace

Sisa Ntshona urges everyone to stay home, and consider travelling later

Sisa Ntshona has urged everyone to limit their movements in line with government’s request

SAB Zenzele’s special AGM postponed until further notice

An arrangement has been announced for shareholders and retailers to receive a 77.5% cash payout

20th Edition of the National Teaching Awards

Teachers are seldom recognised but they are indispensable to the country's education system

Awards affirm the vital work that teachers do

Government is committed to empowering South Africa’s teachers with skills, knowledge and techniques for a changing world

SAB Zenzele special AGM rescheduled to March 25 2020

New voting arrangements are being made to safeguard the health of shareholders

Dimension Data launches Saturday School in PE

The Gauteng Saturday School has produced a number of success stories