By Lehlohonolo Lehana.
Western Cape judge president John Hlophe insists he is taking the Judicial Service Commission (JSC) to task over its gross misconduct finding against him for selfless reasons and not to frustrate constitutional processes.
On Wednesday, senior advocate Thabani Masuku criticised assertions that his client, Hlophe, had an agenda to influence the apex court’s decision in a 2008 case unduly.
Masuku argued the JSC had acted unconstitutionally when it voted in favour of him being found guilty of impeachable gross misconduct. He said the JSC failed to apply the correct law when it determined whether the report of the Judicial Conduct Tribunal should be admitted.
Masuku called on the courts to issue a declaratory order in favour of the terms they seek.
“The confidence in the judiciary is constantly eroded when the JSC simply fails to perform its constitutional duties. And in this case, it’s clear again, that they did not perform their duties with the diligence that the Constitution requires them to perform those particular duties,” Masuku said.
However, representing the JSC, advocate Tembeka Ngcukaitobi said the JSC arrived at the decision following a “learned and thorough exposition of the facts and law by the tribunal”.
Ngcukaitobi further disputed Hlophe’s argument that the composition of the JSC sitting that decided his fate was unconstitutional.
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,”Ngcukaitobi said.
The High Court in Johannesburg has reserved judgment in the matter between Hlophe and the Judicial Service Commmission (JSC).
Livestream Video Below:
Video Courtesy of JRSA.