While he challenges its recommendation that he be suspended, the judge president was allowed to take part in the JSC interviews with candidates in his division
His third unsuccessful candidacy raises the spectre of a legal review and case law dictates that the JSC can be compelled to give reasons for failing to appoint a qualified candidate
The Judicial Service Commission deferred a decision on whether to suspend the Western Cape judge president. He was present, but mostly silent candidates were interviewed for the division
The commission has dismissed three requests not to proceed with interviews for candidates for the Western Cape high court
The letter follows the commission’s insistence that the embattled Western Cape judge president will partake in this week’s interviews of candidates
The Judicial Service Commission said in a letter to the Cape Bar that the judge president would participate in interviews of aspirant judges in his division
Premier Alan Winde and the Cape Bar Council asked that the interviews be postponed pending a decision on Hlophe’s fate but the JSC declined
The committee says if two complaints against him are found to be true, they are “extremely serious”
The Cape Bar Council says his conduct is ‘unbecoming the holding of judicial office’
Last week the Judicial Service Commission lost yet another case in which a decision it had made was successfully challenged.
The Cape Bar Council is to take the Judicial Service Commission (JSC) to court for making only one appointment to the Western Cape High Court.
The General Council of the Bar, representing most of the country’s advocates, on Tuesday added its voice to calls for Cape Judge President John Hlophe to step down. Chairperson Jannie Eksteen said if Hlophe did not voluntarily go on leave, the minister of justice or the Judicial Service Commission (JSC) ”must see how that can be facilitated as a matter of urgency”.
Cape Judge President John Hlophe should step down from his post until the latest complaint against him has been resolved, according to the Cape Bar Council. ”It would be untenable for Judge Hlophe to continue in office pending the determination of the complaint by the Judicial Services Commission,” the council said on Tuesday.
No image available
/ 12 October 2007
Cape Judge President John Hlophe’s refusal to resign is a typical example of persons holding high office refusing to face the consequences of their actions, says Democratic Alliance (DA) leader Helen Zille. ”By refusing to step down, contrary to the dictates of good governance, such senior office-bearers undermine our young democracy,” she said on Friday.