A tribunal might soon go ahead with an investigation into allegations of misconduct against Western Cape Judge President John Hlophe after a court yesterday again dismissed a challenge by two judges.
The full bench of the Johannesburg High Court dismissed an application by Constitutional Court judges Bess Nkabinde and Chris Jafta for leave to appeal against a ruling by Judge Haseena Mayat.
In September, Mayat dismissed the two judges' challenge against the legality of the tribunal investigating Hlophe.
In 2008, the justices accused Hlophe of trying to influence the outcome of cases involving President Jacob Zuma.
When the tribunal was about to begin its work last year, Nkabinde and Jafta raised preliminary challenges against its constitutionality.
Their main argument was that there was no valid complaint before the tribunal that could be investigated.
They said they were under no obligation to attend the hearing unless there was a complaint under oath as required by the Judicial Service Commission Amendment Act.
Judge Neels Claassen said after having considered the views of the counsel for the judges and of the commission, the court was of the view that there was no reasonable possibility of another court coming to a different conclusion.
"For this reason, the application for leave to appeal is dismissed," Claassen said.
The two other judges concurred.
The judicial conduct tribunal will be headed by retired Judge Joop Labuschagne.
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