Hlophe criticised over hearing delays
A full Bench of the SCA has raised concerns over suspended Westen Cape Judge President John Hlophe’s handling of a criminal matter, Die Burger reports.
This relates to an appeal of Brannon Petersen, a prisoner who was declared a dangerous criminal and sentenced to an indeterminate sentence in 1998.
The trial court ordered the sentence should be reconsidered after 17 years. This happened in 2015 when Petersen was brought before Hlophe.
Hlophe extended the indeterminate sentence for three years.
In 2018, Petersen again appeared before Hlophe. After several postponements and delays, Hlophe ordered in August 2019 that Petersen should be incarcerated for another five years.
The SCA said the delays amounted to a ‘manifest injustice’ and the entire process was marred by ‘glaring irregularities’.
Hlophe had berated counsel for Petersen throughout the hearing for ‘wasting the court’s time and (was) made to believe that any attempts to place a contrary view to that of the state was a futile exercise’.
The High Court was called upon to decide whether Petersen remained a dangerous criminal, but this was not done.
The SCA ordered that a different judge must consider the matter by no later than 15 May.
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.





