two things happened that have set a course for an extended period of unresolved tension between the court’s leaders — Judge President John Hlophe and Deputy Judge President Patricia Goliath — and many of their colleagues, who have been pulled in.
About a year later, Hlophe’s deputy laid a gross misconduct complaint against him with the Judicial Service Commission . The complaint contained a number of allegations against Hlophe, including that he had assaulted one of his colleagues. In the tense exchange of correspondence between the judges of the Western Cape division that followed, Parker explained the conflicting versions thus: “Having reflected on the narrative with regard to the alleged assault, very soon thereafter, and without anyone having influenced me in anyway whatsoever, I realised that events may not have unfolded in the way I had initially perceived. This is quite understandable, given my emotional state at the time.
Section 17 deals with “serious non-impeachable complaints”. But, at the end of a section 17 investigation there is still a possibility of an impeachment tribunal. In his written reasons for the JCC’s decision, committee member and Supreme Court of Appeal Justice Dumisani Zondi emphasised that Goliath had not substantially responded to Hlophe’s counter complaint and had not made submissions to the committee when it met to consider the complaints. He said these were a “jurisdictional requirement” for the exercise of the power to recommend a tribunal.
He said the standard for triggering the process to remove a judge should be very high because of the constitutional guarantee of judicial independence.
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