The Constitutional Court has dismissed an application for leave to appeal by two of its members. Justices Bess Nkabinde and Chris Jafta turned to the Constitutional Court last month to apply for leave to appeal against the judgment of the Supreme Court of Appeal (SCA).The justices had sought to challenge the legality of a tribunal investigating Western Cape Judge President John Hlophe.The order by the Constitutional Court means the Judicial Conduct Tribunal can continue with its investigation into the complaints of misconduct against Judge Hlophe.Nkabinde and Jafta were among the 11 Constitutional Court justices who‚ in 2008‚ accused Hlophe of trying to influence the outcome of cases involving President Jacob Zuma.When the Judicial Conduct Tribunal was about to conduct a formal hearing against Hlophe in 2013‚ Nkabinde and Jafta raised challenges against the tribunal’s constitutionality.Tribunal chairman‚ retired Judge Joop Labuschagne‚ dismissed their objection that there was no valid complaint to be investigated.This prompted the justices to take his decision on review to the high court in Johannesburg.The full bench of the high court dismissed their application in 2014.The SCA also dismissed their appeal earlier this year‚ prompting Nkabinde and Jafta to apply for leave to the court they serve in.In its order dated May 16‚ nine justices of the Constitutional Court including Chief Justice Mogoeng Mogoeng said the court had considered the application for leave to appeal by Nkabinde.and Jafta.“In the light of the principle regulating the position where a court is incapacitated because of conflicts disabling its members from sitting to determine the merits of the application‚ as set out in Hlophe v Premier of the Western Cape Province‚ Hlophe v Freedom Under law and Other‚ the Court has decided that the application must be dismissed‚” the court said in its order. - TMG Digital..