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Johannesburg - A JSC tribunal hearing a complaint of misconduct against Western Cape Judge President John Hlophe have its reasons on Friday for dismissing preliminary issues raised during the hearing.
Tribunal president Judge Joop Labuschagne said the tribunal was “forced” to supply its reasons to the interested parties.
Labuschagne did not read out the reasons. A copy was handed to the parties involved and journalists were told it would be e-mailed to them.
Labuschagne also said the reasons would be handed to Chief Justice Mogoeng Mogoeng.
The Tribunal dismissed objections raised on behalf of Hlophe, and Constitutional Court Judges Bess Nkabinde and Chris Jafta last month.
The preliminary issues included, among others, that the tribunal was not properly constituted in terms of the law on the basis that the complaint it had to investigate was not on affidavit as required by section 14(3)(b) of the Judicial Service Commission Act.
At the time Labuschagne said full reasons would be given in the final report handed to the Judicial Service Commission.
However, legal representatives for Jafta and Nkabinde insisted on getting a copy of the reasons before then.
The misconduct complaint against Hlophe was laid in 2008. He allegedly tried to influence Jafta and Nkabinde to make a ruling favouring President Jacob Zuma.
This was while the two Constitutional Court judges were considering a judgment in a corruption case relating to Zuma and arms company Thint involving the multi-billion-rand arms deal. - Sapa