By Lehlohonolo Lehana.
The Judicial Conduct Appeals Committee has dismissed Western Cape Judge President John Hlophe’s appeal against a recommendation that he be investigated on allegations of assault, use of abusive language, and abuse of power.
However, the committee ruled in Hlophe’s favour on the second part of his appeal, in which he sought that his accuser – Western Cape Deputy Judge President Patricia Goliath – be probed on allegations of racism and improper disclosure of information pertaining to a pending case, and “the propriety of the secret recording made by Goliath DJP of the discussion between her and Hlophe JP at the meeting of 2 October 2019”.
In July 2020, then-chief justice Mogoeng Mogoeng recommended to the Judicial Service Commission’s conduct committee that it advise the JSC to establish a tribunal to probe the claims against Hlophe.
Mogoeng also dismissed Hlophe’s call for Goliath to be investigated.
Hlophe appealed against two decisions made by Mogoeng Mogoeng in 2020.
On Tuesday, the appeals committee dismissed Hlophe’s appeal against Mogoeng’s decision that a tribunal be established to investigate and report on complaints by Goliath.
However, the committee said it differed with Mogoeng on some aspects of his ruling.
One related to utterances allegedly made by Goliath to Hlophe’s wife, Judge Gayaat Salie-Hlophe.
“I do not think that the issue can be resolved on paper. Particularly at this stage of the proceedings,” judge Nambitha Dambuza said in her ruling.
“If the allegations of racism against [Goliath] were established, including the allegation that the deputy judge president referred to some judges as ‘kaxxxxxies’ or that the judge president and judge Salie-Hlophe lied in imputing the allegations to [Goliath], gross misconduct could be proved either way.”
Dambuza said Goliath was aggrieved by the allegations of racism, which she denied.