Nine Supreme Court of Appeal judges will sit on an appeal by Constitutional Court judges against a high court judgment in favour of Western Cape Judge President John Hlophe.

Usually the Supreme Court of Appeal sits in panels of three or five. The panel, to be led by the deputy president of court, Louis Harms, will hear the appeal on March 23.

The dispute between the Constitutional Court judges and Hlophe started when the judges complained to the Judicial Service Commission (JSC) that Hlophe had improperly tried to influence cases, which were then pending before the Constitutional Court and involved African National Congress president Jacob Zuma.

Hlophe then counter- complained to the JSC, saying the way the judges had handled their complaint against him ­ by publicly announcing it within minutes of lodging it ­ was a violation of his rights and an abuse of their positions.

After the JSC announced that it would hold hearings into both complaints, but before a date for the hearing was announced, Hlophe applied to the Johannesburg High Court to declare that his rights were infringed by the Constitutional Court judges.

Three out of five high court judges found in favour of Hlophe, saying his rights to equality and dignity had been infringed. The Constitutional Court judges then appealed the decision with the Supreme Court of Appeal.

The Constitutional Court judges said in documents filed at the Bloemfontein court that the finding of the high court was both serious and unprecedented.

They said it was in the interest of the administration of justice and to all the parties for the issue to finally be fully resolved by a court of appeal.

The judges who will hear the appeal with Harms are Piet Streicher, Kenneth Mthiyane, Thomas Cloete, Visnanathan Ponnan, Dunstan Mlambo, Azhar Cachalia, Suretta Snyders and Nonkosi Mhlantla.

Supreme Court of Appeal president Lex Mpati could not sit in the matter as he is deputy chairman of the JSC.

For purposes of the complaint and counter-complaint, Mpati is the JSC’s chairman because Chief Justice Pius Langa is one of the complainant judges.

Similarly, Supreme Court of Appeal Judge Chris Jafta would also not be able to sit as he was one of the judges that Hlophe was alleged to have approached when he was an acting judge at the Constitutional Court. With Sapa

With acknowledgements to Franny Rabkin and Business Day.