Cape Town – The National Association of Democratic Lawyers (Nadel) is the latest to express dismay over the Judicial Service Commission’s (JSC) recommendation to President Cyril Ramaphosa to suspend Western Cape High Court Judge President John Hlophe.
This follows a guilty finding by the Judicial Conduct Tribunal in April 2021 against Judge Hlophe of gross misconduct.
The guilty finding was upheld by the JSC on August 25, 2021.
Following the decision of the JSC, Judge Hlophe elected to have the decision of the JSC reviewed in the Gauteng High Court.
He was unsuccessful on review and has subsequently been granted leave to appeal by a full bench of judges and has lodged an appeal with the Supreme Court of Appeal.
Nolitha Jali, Nadel secretary-general, said Ramaphosa should not suspend Judge Hlophe until the court processes have been finalised.
“The president should not yield to the advice of the JSC. The principle in our law is very clear: if an appeal is noted then the judgment is suspended. This matter should not be an exception. This is a matter of public interest and the law must be respected.
“Nadel respects the integrity of the country’s judicial system and holds the view that it is imperative that pending the outcome of the appeal before the Supreme Court of Appeal, it is only proper that the status quo regarding Judge President Hlophe remains, pending the outcome of the Supreme Court of Appeal.”
Nadel said it was further concerned about Justice Johann Kriegler, AfriForum, the Helen Suzman Foundation and other organisations over the JSC in respect of Judge Hlophe’s matter.
“The organisation will develop its response to what it perceives as racial prejudice,” Nadel said.
Cape Times