Africa-Press – South-Africa. Freedom Under Law (FUL) has, through its lawyers, made submissions in support of the suspension of the Western Cape High Court Judge President John Hlophe.
FUL’s argument comes ahead of Judicial Services Commission (JSC) meeting on Monday, in which it will deliberate Hlophe’s suspension.
News24 reported last week it had seen a letter dated 11 July, confirming the meeting.
The letter stated that Hlophe’s suspension would be discussed “in terms of Section 177[3] of the Constitution”. That section states the president, “on the advice of the Judicial Service Commission, may suspend a judge who is the subject of a procedure in terms of subsection [1] [potential removal from office]”.
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FUL, which was not invited to participate in the process, says the deliberations and ultimate decision by the JSC will be a critical turning point in a matter that has been a thorn in the side of the judiciary for over a decade.
The Judicial Conduct Tribunal last year found Hlophe guilty of gross misconduct.
He was found to have unduly attempted to influence Constitutional Court justices Chris Jafta and Bess Nkabinde to make findings in favour of former president Jacob Zuma’s 2008 corruption matter.
In its argument, FUL says Hlophe’s conduct has undermined the ability of courts to act independently.
It said:
It said that keeping Hlophe, “the nerve centre of the division” would further threaten the ability of acting and junior judges to act independently as he may exert his power on them and “whisper into their ears” about pending legal matters.
FUL said Hlophe’s suspension posed no threat to the smooth running of the Western Cape division, considering there are many capable candidates who, unlike him, are not tainted and can act in his position.
It said this was demonstrated in 2008, when deputy judge president Jeanette Traverso acted in Hlophe’s position after he had stepped aside when the complaint against him first emerged.
In a separate statement, FUL said it trusted the JSC will put finality to the “untenable situation” in the Western Cape division.
“In principle, it is unthinkable that a person convicted of attempting to pervert the course of justice can continue to head one of the country’s busiest courts. As judge president, he allocates cases to judges, nominates acting judges, and has great influence in permanent appointments,” it said.
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