Hlophe case to be reopened

01 April 2012 - 02:49 By CANDICE BAILEY
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The order for the Judicial Service Commission (JSC) to reopen the disciplinary hearing of Western Cape Judge President John Hlophe will, in all likelihood, be dealt with when it meets on April 15.

On Friday, the Constitutional Court denied Judge Hlophe's two applications to stop the JSC from reopening the misconduct cases against him, a decision upheld by the Supreme Court of Appeal (SCA).

The two SCA judgments relate to a decision by the JSC after two Constitutional Court judges complained that Judge Hlophe tried to influence them in the corruption matter involving President Jacob Zuma and French arms company Thint.

Judge Hlophe, in turn, made a counter-complaint against them for making a media statement about their complaint.

The JSC ruled that there was not enough evidence to justify a finding that Judge Hlophe was guilty of misconduct. But two applications were launched challenging the decision, one in the High Court in Cape Town by Western Cape premier Helen Zille and the other in the High Court in Pretoria by Freedom Under Law, a constitutional watchdog.

The High Court in Cape Town granted Zille's application and ruled the JSC should reconvene.

Both Judge Hlophe and the commission appealed the matter in the SCA, but the decision was again upheld.

While the commission abandoned its course in the SCA, Judge Hlophe took the matter to the Constitutional Court.

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