Cape Town - In anticipation of the possible impeachment of Western Cape High Court Judge President John Hlophe, Freedom Under Law - as an interested party - has made submissions to the Judicial Service Commission on why Hlophe should be suspended.
This comes after Hlophe had been found guilty of gross misconduct after he had attempted to influence two justices of the court by trying to influence the outcome of former president Jacob Zuma’s corruption charges in 2008.
The submission’s by FUL, ahead of a meeting expected to be held with the JSC today, are made while the Supreme Court of Appeal recently also granted Hlophe leave to appeal against his potential impeachment.
FUL, in their submissions, confirmed they have recently joined as a party to the review proceedings at the SCA.
In a statement, FUL said: “In principle it is unthinkable that a person convicted of attempting to pervert the course of justice can continue to head one of the country’s busiest courts. As Judge President he allocates cases to judges, nominates acting judges and has great influence in permanent appointments. He is the nerve centre of the Division,” the statement read.
In their submissions, FUL submitted that Hlophe be suspended with immediate effect.
“It is difficult to imagine misconduct of a more serious nature than the one of which Judge Hlophe was found guilty. Judge Hlophe has sought unduly to influence the exercise of the judicial function at our highest court. Such conduct strikes at the very heart of judicial independence and the administration of justice... It undermines every value enshrined in chapter 8 of the Constitution,” an extract from FUL submissions read.
FUL further submitted that Hlophe’s conduct “clearly undermined the public’s trust and confidence in the judiciary, and their perception of the courts as independent and impartial arbiters.”
In response to the submissions made by FUL, Hlophe’s legal team headed by Barnabus Xulu SC, questioned FUL’s request to join proceedings.
“Since the inception of this complaint against Judge President Hlophe in May 2008, he has served a suspended period of eighteen months from judicial duty to afford the JSC to complete its process. As the JSC is well aware, it cleared Hlophe of gross misconduct allegations in 2009, afterwhich litigation ensued, resulting in the SCA reversing the favourable JSC finding and directing a further JSC inquiry to be conducted.
“Hlophe returned from his eighteen month period of suspension– which had taken as leave – to perform his duties as a Judge President in 2009. Since 2009 to date he has provided exceptional judicial leadership under constant extreme adverse and provocative public attacks by former Justice Kriegler and his FUL organisation. He has, with commendable restraint, not publicly responded to the insults that have liberally been hurled at him by FUL and Kriegler,” submitted Xulu.
Further in their submissions, Xulu submitted: “A suspension recommendation would be unfortunate as it will continue to feed the insatiable, vindictive and unrestrainable actions of Krieger and FUL.”
Cape Times