|
Hlophe Case to Go to Appeal Court after Ruling |
| Publication |
Business Day |
| Date | 2008-12-06 |
|
Reporter |
Franny Rabkin |
|
Web Link |
The dispute between Western Cape Judge
President John Hlophe *1 and
the judges of the Constitutional Court *2
will go to the Supreme Court of Appeal, following Friday’s decision by the
Johannesburg High Court to grant the Constitutional Court judges leave to
appeal.
The Constitutional Court judges last month applied to appeal the majority
judgment of a full bench of the Johannesburg High Court. Three out of five
judges found that Hlophe’s constitutional rights had been violated.
The high court criticised the way the Constitutional Court judges had laid a
complaint about Hlophe with the Judicial Service Commission (JSC) without
sufficient detail, and then “within a minute” issued a media statement on the
complaint.
By not allowing Hlophe to respond to the allegations before they were made
public , the Constitutional Court judges infringed the judge president’s rights
to equality and dignity, it said.
The complaint was that Hlophe had tried to improperly influence two
Constitutional Court judges in cases that were before the Constitutional Court
involving African National Congress president Jacob Zuma.
Hlophe counter-complained to the JSC, but also launched his application in the
high court.
Friday’s judgment granting leave to appeal said the case “deals with matters
that are unprecedented in South African law”.
The judgment said: “As demonstrated in the main judgment and by the lack of
unanimity in this court, it is a matter of considerable difficulty to strike the
delicate balance between the protection of the rights of the judge concerned and
the interests of society and justice, which are generally best served by a
transparent process.”
Hlophe had opposed the application for leave to appeal and cross-appealed on
other aspects of the judgment .
The cross-appeal was struck off the roll
*3.
The case will now go to the
Supreme Court of Appeal *4.
Meanwhile, the JSC’s own investigation into
possible gross misconduct on both sides,
will again be delayed
until the court case has been finalised.
With acknowledgements to Franny Rabkin and Business Day.