Where is Judge Hlophe?

Published Jun 5, 2008

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By Louise Flanagan

Judge John Hlophe has remained out of sight but not officially on leave while the complaints process got under way.

The Judicial Service Commission is due to meet in Boksburg on Friday to try to work out how to deal with the complaint against the embattled Cape judge president.

The president of the Supreme Court of Appeal, Judge Craig Howie, said the meeting was "in order to decide procedural and other questions which must be disposed of before the complaint by members of the Constitutional Court against Judge President MJ Hlophe can, on a later date, be dealt with by the commission".

The Constitutional Court on Friday alleged that Judge Hlophe tried to influence Constitutional Court judges in favour of ANC President Jacob Zuma and arms company Thint in connection with four cases awaiting Constitutional Court judgment. They emphasised there was no indication the litigants were aware of this.

It's the most serious complaint ever laid against a judge and could result in Judge Hlophe losing his job.

Despite widespread calls for Judge Hlophe to take leave, the Justice Ministry on Wednesday said nothing had been finalised.

"We have no record of him asking to go on leave at this point," Ministry spokesperson Zolile Nqayi said. "The minister can't tell him to go on leave; he has to ask for it."

Regulations state that the minister is responsible for granting leave to judges, including special leave. This is done on the recommendation of the chief justice, the president of the Supreme Court of Appeal or a judge president, and the justice department director-general keeps the leave records.

If Judge Hlophe lost his job, he would lose more than his salary. Retired judges do not receive a pension but instead are paid their salary for life plus a large gratuity.

All of this is forfeited by judges who are fired.

The Judges' Remuneration and Conditions of Employment Act sets out the conditions.

Judges retire at the age of 65, or later when they have at least 15 years' service, or at the age of 70 after at least 10 years' service. Judge Hlophe turned 49 last month and has been a judge since 1995, so has 13 years of service.

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