Hlophe saga set for hearing

18 May 2016 - 09:02 By KATHARINE CHILD

The Judicial Service Commission can now continue its tribunal examining the conduct of Western Cape Judge President John Hlophe for trying to influence cases involving President Jacob Zuma. This is according to CP Fourie, the commission's spokesman.A court case questioning the legality of the tribunal was dismissed by the Constitutional Court on Monday.The eight-year saga began when Hlophe met with justices Bess Nkabinde and Chris Jafta to allegedly try and influence four sensitive judgments linked to corruption charges against Zuma.As a result of the allegations, former and current Constitutional Court judges lodged a complaint against Hlophe at the commission.It began a tribunal hearing into the matter in 2013.But Jafta and Nkabinde raised objections at the high court and questioned the lawfulness of the tribunal.Their application was dismissed by the high court, the Supreme Court of Appeal and finally the Constitutional Court on Monday.The latter said it could not rule on the matter since so many justices had conflicts of interest because they had lodged the complaint that led to the tribunal.Hlophe's lawyer Barnabas Xulu said the Constitutional Court had created "a mess" and now the rights of two of its own judges were being breached as the highest court in the land could not hear their matter.University of KwaZulu-Natal law professor Warren Freedman said: "It will only be on very rare occasions that so many justices of the Constitutional Court will have an interest in the outcome of a case and, therefore, will not be able to participate in the case. This is a very unusual situation."..

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