Freedom Under Law back-pedalled from its claims Judge President of the Western Cape High Court Judge John Hlophe, had committed “a grave breach of the rule of law”. Picture: Ayanda Ndamane/African News Agency
Freedom Under Law back-pedalled from its claims Judge President of the Western Cape High Court Judge John Hlophe, had committed “a grave breach of the rule of law”. Picture: Ayanda Ndamane/African News Agency

Group won’t pursue case against Western Cape Judge President John Hlophe

By Mwangi Githathu Time of article published Nov 27, 2020

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Cape Town - Advocacy group Freedom Under Law (FUL) on Thursday back-pedalled from its claims that Judge President of the Western Cape High Court, Judge John Hlophe, had committed “a grave breach of the rule of law,” and will no longer be bringing a suit against him.

On Wednesday, the group’s spokesperson Nicole Fritz said: “Freedom Under Law has instructed its lawyers to prepare an urgent application in the Constitutional Court following a grave breach of the Rule of Law.”

The group claimed to have “become aware” that Judge Hlophe had reportedly allocated suspended Judge Mushtaq Parker with new judicial work, in contravention of an order from President Cyril Ramaphosa, acting in terms of the Constitution and on the advice of the Judicial Service Commission, that Judge Parker be suspended from doing any new work pending the outcome of the proceedings against him.

On Wednesday, Fritz wrote: “It seems incredible that the senior Judge President in the country, acting in concert with one of his judges, was defying the order.”

“If they fail to do so by 5pm on November 25, urgent proceedings will be launched in the Constitutional Court to enforce compliance with the law and the Constitution.”

On Thursday, Fritz said: “We received responses from the two judges indicating that there would be no hearing of new matters.

“That means we will not be going to the Constitutional Court after all.”

Cape Argus

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