President Cyril Ramaphosa will apparently not be rushed into taking a decision on the JSC recommendation to suspend Western Cape High Court Judge President (JP) John Hlophe.

That much is evident from a letter from the Presidency's acting head in the Legal and Executive Services Unit, Geofrey Mphaphuli, recorded in a Cape Times report, which suggests no decision will be taken yet despite the JSC making a recommendation for suspension during a special meeting last week.

‘The President is aware of the ongoing court cases related to the issue. We advise further that the matter is receiving the necessary attention. The Presidency is therefore not in a position to make any decision, let alone make such an undertaking, at this time and on such notice,’ the letter read.

This follows an announcement by the JSC last week that a suspension recommendation was made to the Presidency after Hlophe was found guilty of gross misconduct when he attempted to influence two justices of the court to favour former President Jacob Zuma in a corruption case in 2008.

Through his legal team, Hlophe has since asked for the JSC to submit written reasons why the recommendation was made; he also said he was contemplating applying to the court to have the resultant decision, if it was followed, to be set aside on review.

Law expert Dr Paul Ngobeni said the President was being evasive and non-committal in his response.

‘The merits of the JSC findings regarding JP Hlophe are currently being considered by the SCA. The Constitution does not envisage a suspension where the JSC'S decision is being challenged in court under these circumstances,' the Cape Times quotes him as saying.

The Black Lawyers Association (BLA) has labelled the JSC decision ‘irrational and unlawful’.

In a statement, the BLA said it took the view that neither the decision of the JSC to recommend a suspension, nor that of the President to effect the suspension, was compelled by the relevant constitutional provision.

It said: 'This matter has been widely covered in the media and has been the subject of biased media commentary for all these years. There is very little doubt that the length of time it has taken to finalise this matter and all commentary regarding this matter by people and organisations (was) totally prejudiced against the Judge President and has delivered a great measure of unfairness him.’

It added: ‘In view of the absence of any suggestion that the suspension is carried out in the interest of preserving some interest constitutionally deserving of protection, the recommendation for the suspension of the Judge President is irrational and unlawful.’

Full Cape Times report