By Lehlohonolo Lehana.
Western Cape judge president John Hlophe is charged with gross misconduct by the Judicial Service Commission (JSC) and three others. His case is expected to be heard for five days.
The JSC in August referred Hlophe to parliament for possible impeachment. Its decision related to a 2008 complaint by all the then justices of the Constitutional Court that Hlophe had sought to improperly influence the outcome of cases then pending before the court related to corruption charges against former president Jacob Zuma.
The complaint followed two separate visits to the ConCourt — one to justice Chris Jafta, then acting at the highest court, and one later to justice Bess Nkabinde.
Lawyers representing the Judicial Services Commission (JSC) on Tuesday argued that Hlophe’s case is legally misconceived, divorced from facts and produces absurd consequences.
Hlophe is challenging the JSC’s recommendation that he undergo impeachment processes in Parliament after he was found guilty of gross misconduct.
Advocate Tembeka Ngcukaitobi said the JSC arrived at the decision following a learned and thorough exposition of the facts and law by the tribunal.
Hlophe also challenged the composition of the JSC sitting that decided his fate, saying some judges’ presence was unconstitutional.
However, Ngcukaitobi disputed this too, stating that it was properly composed.
“Judge Hlophe does not have a valid defence of gross misconduct against him. Let’s be frank about that, he doesn’t have a valid defence to the charge of gross misconduct against him.”
The issue that gave rise to the JSC action against Hlophe dates back to 2008 when he was accused of improperly trying to influence the decision of two Constitutional Court justices to favour Zuma in the arms deal case.
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Video Courtesy of JRSA.