JUDICIARY IN CRISIS ANALYSIS Judge Hlophe’s hand-picked representative from WC bench to vote on tribunal impeachment verdict impeachment-verdict/ By Marianne Thamm MarianneThamm
Western Cape Judge President John Hlophe — the first judge to face possible impeachment for gross misconduct after being found guilty by a Judicial Conduct Tribunal — selected a judge to represent the division at deliberations into his final fate.
Daily Maverickthat Judge Monde Ishmael Samela “represented the Western Cape Division of the High Court at the JSC meeting on 4 June. The JSC had no role in the determination of who attends on behalf of the division”.Emails to the Judge President as well as his legal advisor, Barnabas Xulu, with regard to Samela’s presence at the JSC were not responded to at the time of publication.
Hlophe’s suspension was set to be decided on Friday, 4 June, by a “small” JSC of 14 (minus National Assembly and National Council of Provinces members) but the final verdict has been postponed to 30 July due to a “deadlock”.Don't want to see ads?The failure by the JSC to explain the delay has been slammed by Lawson Naidoo of the Council for the Advancement of the SA Constitution (Casac) as “an affront to the foundational constitutional principles of accountability, responsiveness and openness.”
Freedom Under Law (Ful) has repeatedly urged the JSC to recommend to the President the suspension of Hlophe pending the judicial inquiry.The matter has dragged on for 13 years and has resulted in very public and acrimonious exchanges between the country’s most senior judges, plunging the country’s judiciary into crisis. headtopics.com
Said Tribunal chair,Judge Joop Labuschagne:“We consider it our duty to vindicate the integrity of the Justices of the Constitutional Court, in particular Chief Justice Langa, Deputy Chief Justice Moseneke, Justice [Bess] Nkabinde and Justice [Chris] Jafta, whose integrity has been called into question by Judge President Hlophe’s unfounded and scurrilous attacks.
“They acted with honour to protect the institutional integrity of the apex court of our Republic.”On 4 June the commission was unable to reach consensus, despite the scathing findings, on whether Hlophe should face impeachment for attempting to improperly influence Constitutional Court Judges Nkabinde and Jafta in 2008.
Hlophe will continue to serve as Judge President until 30 July—and perhaps even beyond.It has come to light that Hlophe dispatched Samela, the 14th most senior judge in the Western Cape division, to the JSC to vote on a matter in which the Judge President himself is the accused.
This places any decision taken by the JSC in jeopardy of being taken on review as the legal rule against bias, orNemo judex in causa sua—“no one should be a judge in their own cause”, would apply.Hlophe should not be picking and choosing who sits in judgement of him. headtopics.com
Daily Maverickhas reliably learned that there was a “split” in the JSC vote, which means some members support Hlophe and intend to argue in his case.Each “side” has been requested to deliver written legal arguments and it is these submissions that will be presented and voted on on 30 July.
While legal experts all agree that Hlophe’s hand in the selection of a judge to represent the division at the JSC, which is set to vote on the matter, would make the decision taken “reviewable” but no one is quite sure “by whom?” Read more: Daily Maverick »
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It’s racism, says Malema about attempts to remove him from JSCThe EFF leader dismissed calls for his removal from the Judicial Service Commission as 'a racist attempt to continue the influence of the Indian cabal on the judiciary”. 𝘛𝘩𝘪𝘴 𝘩𝘢𝘴 𝘤𝘢𝘶𝘴𝘦𝘥 𝘢 𝘴𝘦𝘳𝘪𝘰𝘶𝘴 𝘤𝘰𝘯𝘶𝘯𝘥𝘳𝘶𝘮 𝘪𝘯 𝘰𝘶𝘳 𝘫𝘶𝘥𝘪𝘤𝘪𝘢𝘳𝘺...𝘳𝘪𝘨𝘩𝘵 𝘵𝘰 𝘣𝘦 𝘵𝘳𝘦𝘢𝘵𝘦𝘥 𝘸𝘪𝘵𝘩 𝘧𝘢𝘪𝘳𝘯𝘦𝘴𝘴 𝘢𝘯𝘥 𝘥𝘪𝘨𝘯𝘪𝘵𝘺, 𝘪𝘴 𝘧𝘰𝘳 𝘦𝘷𝘦𝘳𝘺𝘰𝘯𝘦...𝘵𝘩𝘦 𝘯𝘰𝘵𝘪𝘰𝘯 𝘰𝘧 *𝘪𝘯𝘥𝘪𝘢𝘯 𝘤𝘢𝘣𝘢𝘭* 🙄🙄? You owners got a corrupt deal from SAA. Why are you not reporting that? There is no place for an out and out racist to serve on the JSC.
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