JSC to discuss Hlophe case

Published May 17, 2012

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The Judicial Service Commission (JSC) will meet on May 31 to consider allegations against Western Cape Judge President John Hlophe, The Times reported on Thursday.

In 2008, Constitutional Court judges Bess Nkabinde and Chris Jafta alleged he had tried to influence them during a case relating to corruption allegations against President Jacob Zuma.

They complained to the JSC. He was cleared in 2009.

Western Cape premier Helen Zille then argued in the Cape Town High Court that the JSC had not been properly constituted when it made its decision, because as premier she should have been party to it.

Her application was dismissed, but she succeeded in the Supreme Court of Appeal (SCA).

Lobby group Freedom Under Law asked the High Court in Pretoria to order the JSC to reopen the Hlophe probe. Its application was dismissed but, as with Zille, the SCA ruled in its favour.

Hlophe unsuccessfully appealed both judgments in the Constitutional Court, hence the JSC's meeting later this month.

Chief Justice Mogoeng Mogoeng and his deputy Judge Dikgang Moseneke were expected to lead the conduct committee.

The committee includes SCA Judge President Lex Mpati, Free State Judge President Hendrik Musi, and judges Roshnie Allie and Cynthia Pretorius.

Mogoeng had tried to mediate in the original dispute, so it was not clear if he would recuse himself from the discussions. – Sapa

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