The war of words over disgraced Western Cape Judge President John Hlophe being allowed to attend today's JSC interviews of would-be judges for the division he heads reached fever pitch yesterday after the JSC rejected a recommendation by Freedom Under Law (FUL) that Hlophe be barred from attending.

‘Judge President Hlophe is still the Judge President of the Western Cape division of the High Court, and the tribunal is yet to consider the charges levelled against him. He has (not) been suspended from his office as the Judge President and continues to carry out his judicial responsibilities,’ the JSC said in its response to FUL, notes a BusinessLIVE report.

FUL has warned that Hlophe’s participation will compromise the interviews.

In its letter to the JSC, FUL referred to the decision by the Judicial Conduct Tribunal on 9 April, where Hlophe was found guilty of misconduct relating to him trying to improperly influence two Constitutional Court judges about pending judgments in cases pertaining to the legality of search and seizures in the Jacob Zuma/Thint corruption matter.

‘It is difficult to envisage a graver situation in the context of a judge. This is no longer merely an allegation: it is a final factual and legal finding of an independent statutory tribunal appointed by the JSC itself,’ it said.

FUL contends that Hlophe’s participation in the interviews is as a result of the JSC’s ‘failure to deal with this matter properly and expeditiously’.

The JSC is scheduled to meet on 4 June to consider the tribunal’s decision. However, FUL is of the opinion that ‘there is no reason a decision on the confirmation of the tribunal decision cannot be made on 4 June. A decision to recommend suspension should be made even earlier, for obvious reasons.

‘Judge President Hlophe continues to wield formidable power and authority as the head of the Western Cape division of the High Court,’ FUL added, according to the BusinessLIVE report.

FUL has also warned that Hlophe's participation in those interviews – or if the JSC fails to take the decisions in relation to his suspension and/or removal expeditiously – would impugn the integrity of the judicial selection process.

‘The decisions (that will be reached) at the meetings … will be liable to be set aside. The JSC will be aware that the improper participation of one member of a multi-member body is sufficient to invalidate the proceedings of that body,’ FUL said.

In its response, the JSC said it had decided against recommending Hlophe’s suspension.

‘The absence of this suspension from office or a guilty verdict by the tribunal, in our view, indicates that there is no bar preventing Judge President Hlophe from carrying out his responsibilities as the judge president of the Western Cape High Court. And part of his responsibilities is to participate in the selection of candidates for judicial appointment.’

Full BusinessLIVE report (subscription needed)