It was “an inherently urgent matter” for the Judicial Service Commission (JSC) to consider whether Western Cape judge president John Hlophe and his deputy Patricia Goliath should face a tribunal for potentially impeachable conduct; and whether they should be suspended in the meantime, said the JSC on Wednesday.
But this was not being considered at the current JSC meeting, said JSC spokesperson Sesi Baloyi SC, and she could not say when the JSC would be meeting on the issue.
“We will hopefully have a date next week,” she said.
It has been over two weeks since the appeals committee of the judicial conduct committee recommended that both Hlophe and Goliath be investigated by a judicial conduct tribunal over a dispute in which Goliath accused Hlophe of assaulting a colleague, judge Mushtak Parker, in chambers, of sidelining her and of swearing at and insulting her. He in turn accused her of racism.
The dispute, which spilt into the public arena in January 2020, pulled in more than 10 other judges of the division after Hlophe claimed that Parker would deny the assault — because those judges said he had told them of the assault.
Meanwhile, it has been over two months since the JSC has decided to recommend suspension for Hlophe over a separate finding of gross misconduct by the JSC related to a completely different complaint, going back to 2008.
The JCC appeal committee recommendation must be confirmed by the JSC. It is also, in terms of the JSC Act, at this point where the JSC can make a recommendation to the president to suspend someone who is facing a tribunal.
The JSC is this week interviewing candidates for judicial appointment. Judicial appointments are made by the “big JSC”, which includes MPs and the National Council of Provinces. The JSC’s disciplinary function is done by the “small JSC”, which excludes these politicians.
However, the “small JSC” has sometimes in the past met on the sidelines of “big JSC” meetings, or before or after them. For example, when the JSC decided not to confirm a JCT finding of gross misconduct against judge Nkola Motata, the JSC met and made its decision after interviews for judicial appointment in October 2019.
Meanwhile, it has been more than two months since the JSC decided to recommend suspension for Hlophe over a separate finding of gross misconduct by the JSC related to a completely different complaint, going back to 2008. This one related to a finding of gross misconduct when Hlophe visited two justices of the Constitutional Court and tried to influence the outcome of judgments then pending before their courts relating to corruption charges against former president Jacob Zuma. On this complaint, Hlophe was found guilty by the JSC and referred to parliament for impeachment.
The judge president is litigating against the decision of the JSC but in the meantime, the president must decide whether to suspend him. When asked to account for the delay, the president’s spokesperson Vincent Magwenya would only say “the matter is receiving all the attention it deserves”.
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