Johannesburg - Two Constitutional Court judges have asked the Supreme Court of Appeal (SCA) to hear an appeal in their case against the Judicial Service Commission, The Business Day reported on Wednesday.
“We have not the slightest problem testifying before a properly constituted structure,” Judges Bess Nkabinde and Chris Jafta said in their application to the SCA.
In 2008, Jafta and Nkabinde alleged that Western Cape Judge President John Hlophe approached them while they were considering a corruption case involving President Jacob Zuma and arms company Thint in the multi-billion rand arms deal.
Constitutional Court judges at the time regarded discussing the case with Nkabinde and Jafta as an attempt to improperly influence its outcome and a complaint was lodged.
A judicial conduct tribunal was set up in 2013 to investigate the complaint but the judges challenged the constitutionality and lawfulness of the tribunal.
The judges argued that the complaint should not be dealt with under the amended JSC Act because it allowed a member of the National Prosecuting Authority to help the tribunal collect evidence.
They approached the High Court in Johannesburg but were denied leave to appeal a previous ruling on the lawfulness of a JSC probe.
Sapa