Hlophe criticises Zille's application
3 March 2010, 08:13
By Karen Breytenbach
Justice Writer
Western Cape Judge President John Hlophe is concerned that Premier Helen Zille's legal challenge to the Judicial Service Commission's decision to clear him of gross judicial misconduct allegations, would expose the judiciary to "further political attacks and loss of public confidence".
Zille brought an application against the JSC, the judges of the Constitutional Court and Judge Hlophe in mid-February to make sure premiers be given reasonable opportunity to participate as members in all meetings of the JSC when it related to matters concerning the high courts in their provinces.
The premier also wanted the JSC hearings in July and August and the decisions made following this, declared unconstitutional and invalid, because "the JSC was not properly, lawfully and constitutionally constituted".
The hearing concerned complaints by two Constitutional Court justices that Judge Hlophe tried to improperly influence them in favour of President Jacob Zuma at his then-upcoming fraud trial, and a counter-complaint by Judge Hlophe.
In an answering affidavit written last week, Judge Hlophe said although he had "reservations about the lawfulness of the adverse comments that the JSC made about me concerning the allegations", he considered himself cleared and returned to work with the intention to rebuild public confidence in his integrity.
"Given that all parties involved in the JSC proceedings have accepted the outcome of the JSC decision, the only interest (Zille's application) serves is a political one," he said.
Judge Hlophe also attacked Zille's complaint that premiers had to be present at disciplinary hearings of judges in their provinces.
Judge Hlophe said premiers were not involved in hearings concerning judges of the Supreme Court of Appeal or Constitutional Court, which would mean the JSC would be differently constituted depending on what division a judge who faced a complaint came from.
This would be inconsistent with the principle of equality, he said.
The hearing is scheduled for March 10 and 11 in the Western Cape High Court.
karen.breytenbach@inl.co.za
Justice Writer
Western Cape Judge President John Hlophe is concerned that Premier Helen Zille's legal challenge to the Judicial Service Commission's decision to clear him of gross judicial misconduct allegations, would expose the judiciary to "further political attacks and loss of public confidence".
Zille brought an application against the JSC, the judges of the Constitutional Court and Judge Hlophe in mid-February to make sure premiers be given reasonable opportunity to participate as members in all meetings of the JSC when it related to matters concerning the high courts in their provinces.
The premier also wanted the JSC hearings in July and August and the decisions made following this, declared unconstitutional and invalid, because "the JSC was not properly, lawfully and constitutionally constituted".
The hearing concerned complaints by two Constitutional Court justices that Judge Hlophe tried to improperly influence them in favour of President Jacob Zuma at his then-upcoming fraud trial, and a counter-complaint by Judge Hlophe.
In an answering affidavit written last week, Judge Hlophe said although he had "reservations about the lawfulness of the adverse comments that the JSC made about me concerning the allegations", he considered himself cleared and returned to work with the intention to rebuild public confidence in his integrity.
"Given that all parties involved in the JSC proceedings have accepted the outcome of the JSC decision, the only interest (Zille's application) serves is a political one," he said.
Judge Hlophe also attacked Zille's complaint that premiers had to be present at disciplinary hearings of judges in their provinces.
Judge Hlophe said premiers were not involved in hearings concerning judges of the Supreme Court of Appeal or Constitutional Court, which would mean the JSC would be differently constituted depending on what division a judge who faced a complaint came from.
This would be inconsistent with the principle of equality, he said.
The hearing is scheduled for March 10 and 11 in the Western Cape High Court.
karen.breytenbach@inl.co.za
- This article was originally published on page 4 of The Cape Times on March 03, 2010
Pretoria
