AFRICAN MIRROR REPORTER
THIRTEEN years after the complaint was laid against him, Western Cape Judge President John Hlope has been found guilty of trying to influence two judges in the Constitutional Court in rule in favour of then-President Jacob Zuma.
Hlophe’s actions were found by the Judicial Conduct Tribunal to constitute gross misconduct by two judges and an attorney, who presided over the hearing. The judges are Judge Joop Labuschagne, Judge Tati Makgoka and Nishani Pather, a practising attorney.
In a statement, the Tribunal said unanimous that:
- Judge President Hlophe’s conduct breached the provision of Section 165 of the Constitution in that he improperly attempted to influence two justices of the Constitutional Court to violate oaths of office.
- His conduct seriously threatened and interfered with the independence, impartiality, dignity and effectiveness of the Constitutional Court.
- His conduct threatened public confidence in the judicial system.
“Based on the above findings, the Tribunal unanimously concluded that Judge President John Hlophe is guilty of gross misconduct, as envisaged in section 177 of the Constitution. The Tribunal report will be submitted to the Chairperson of the Judicial Services Commission, as required in terms of section 33 of the Judicial Service Commission Act,1994. The JSC will, in due course, consider the report at a meeting to be determined by the chairperson of the JSC in accordance with section 20 of the Judicial Service Commission Act,” the Tribunal said in a statement.
