Judge Hlophe suspension delayed by Judicial Service Commission failures
Over a decade after legal proceedings against Judge John Hlophe began, Hlophe is still actively participating in the South African Judicial system, at the highest level. A finding of gross misconduct has been presented by the Judicial Conduct Tribunal which could lead to Hlophe’s removal. The process which would facilitate his removal could move slowly if past legal proceedings are anything to go by. Freedom Under Law, along with other representative bodies like Accountability Now are calling for Hlophe’s immediate suspension on the grounds of legal findings against him. The Judicial Service Commission previously argued that because the charges were still being reviewed by the Judicial Conduct Tribunal ( in 2016) Judge Hlophe should be allowed to continue his duties as Judge President of the Western Cape High Court. The charges have now led to a guilty verdict against Hlophe. In order to remove Hlophe,
The Judicial Service Commission (JSC) is adamant that Western Cape Judge President
John Hlophe will participate in the selection of judges for his division on Friday despite being found guilty of gross misconduct.
Monday night s announcement by JSC spokesperson
Dali Mpofu, which followed a meeting between the commission, Hlophe and Western Cape Premier
Alan Winde, raises questions about the seriousness with which the JSC regards the findings against Hlophe.
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Last Saturday, a Judicial Conduct Tribunal – led by retired judge
Joop Labuschagne – found that Hlophe had attempted to sway two Constitutional Court justices to rule in favour of then-ANC president
The Judicial Service Commission (JSC) has let it be known that Western Cape Judge President John Hlophe will be present at the interviews on Friday, 23 April of candidates for two vacant positions in his own fraught division.
Hlophe’s intention to appear at the interviews and the JSC’s communication on 19 April that the Judge President will be doing so, occur in a sort of legal vacuum, a place in which Hlophe thrives.
It took more than 13 years for a complaint about Hlophe’s inappropriate approach to two Constitutional Court judges in 2008 to be heard by a Judicial Conduct Tribunal, chaired by retired Judge Joop Labuschagne, which unanimously found Hlophe guilty of gross misconduct.
12 April 2021, 7:01 AM | SABC | @SABCNews
Image: GCISJudge President John Hlophe was found guilty for improper attempt to influence two Constitutional Court justices
Constitutional law expert Advocate Paul Hoffman says there is a possibility that President Cyril Ramaphosa will suspend Western Cape Judge President John Hlophe, now that the Judicial Services Commission (JSC) tribunal has found him guilty of misconduct.
Legal journalist Karyn Maughan shares more on the judgment:
Hlophe was found guilty for improper attempt to influence two Constitutional Court justices in the corruption matter involving former president Jacob Zuma and French company Thales. Judges Bess Nkabinda and Chris Jafta reported that Hlophe had visited them separately in their chambers to discuss pending judgments in the corruption matter between Zuma and the French company, Thales in 2008, breaching the prov
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