JSC awaiting input before deciding on Hlophe
The JSC was still to meet and decide whether to confirm the decision that Western Cape Judge President John Hlophe was guilty of gross misconduct, its spokespersons said yesterday, according to a TimesLIVE update.
The Judicial Conduct Tribunal announced at the weekend it had found Hlophe had improperly sought to influence the outcome of a 2008 judgment at the Constitutional Court related to corruption charges against former President Jacob Zuma.
It found him guilty of gross misconduct, thus paving the way for his possible impeachment.
However, this is, in terms of the Constitution, is a decision for the JSC to make.
Speaking after a day of JSC interviews for the Constitutional Court, spokespersons Dali Mpofu SC and Doris Tshepe said the tribunal’s decision had not been on the agenda. But the tribunal decision would be considered by the JSC – after representations had been received by the relevant people – in due course.
Mpofu added that only once the commission itself had made a decision on impeachable conduct, could the suspension of Hlophe be considered.
DA federal council chairperson Helen Zille has weighed in on the Hlophe matter, saying he will not survive this time.
According to another TimesLIVE report, she noted the judgment on Hlophe was passed years after she first laid a complaint against the JSC.
In 2010, when she was Western Cape Premier, Zille legally challenged the JSC’s decision which ruled Hlophe not guilty of gross misconduct in a corruption matter involving former President Jacob Zuma and French arms company Thint.
‘This matter once again shows why it is so important for the DA to keep doing the right thing, keep challenging the abuse of power and manipulation of institutions, and we do make progress eventually.’
Zille said the finding was a huge victory for due process, the rule of law and the defence of the Constitution.
‘The critical question we must now ask is whether Judge Hlophe was paid with SSA (State Security Agency) funds under Project Justice to seek to improperly influence the two Constitutional Court judges. We must keep digging. The JSC is massively failing on this front as well,’ said Zille.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
