Goliath denied leaking her original complaint to the Judicial Service Commission , lodged inand said she had every right to report Hlophe’s behaviour to the JSC and had followed correct procedures in doing so.In March, Deputy Chief Justice Raymond Zondo, who chairs the Judicial Conduct Committee , designated SCA Judge Nambitha Dambuza, who is also a member of the JCC, to conduct an inquiry into Goliath’s complaint. The filing of Goliath’s responding affidavit is part of the ongoing inquiry.
“This was so, she said, because the alleged victim thought the Chief Justice would view reporting the matter to the police and Judicial Conduct Committee as conduct that would bring the Judiciary into disrepute.”Ncube said that at the request by the alleged victim of the assault and another, Judge Goliath had sought to find out from the Chief Justice whether he would have had “any principled objection to the allegations being reported to the police and Judicial Conduct Committee”.
“The Chief Justice stands by this position and would always encourage any alleged wrongdoing or alleged crime to be reported promptly.” Goliath said all complaints to the JSC were subject to due process in accordance with provisions of the Judicial Service Commission Act “which provide for penalties other than the removal of a judge”.
The Judge President, said Goliath, had “exploded with rage” when she had visited him in chambers on her return shouting “you are rubbish and a piece of shit, get out of my office”.What had prompted Hlophe’s wrath, said Goliath, was a personal matter between Hlophe and his wife, Judge Gayaat Salie-Hlophe, who had been involved in a “domestic incident” and which had drawn in Goliath.
Salie-Hlophe, said Goliath, had called her on the same day and had asked her to check on her children after a power outage at her home, which is separate from Hlophe’s. On her arrival, Salie-Hlophe had asked Goliath to drive her to hospital.My involvement in their private life relates to one incident only, and I accordingly deny that I was meddlesome, intrusive or nosy in relation to his and his wife’s private lives,” Goliath said.
The alleged attempt by Hlophe to influence the appointment of judges in the Earthlife Africa nuclear deal challenge, said Goliath, was one “isolated occasion” where she had disagreed with Hlophe regarding the allocation of judges. Goliath said she had “expressed my disagreement with this suggestion” after a story which had been published inI referred him to the article. The Judge President is correct that reliance should not be placed on media reports. However, at the time I adopted the view that a cautious approach would protect judges from being viewed with suspicion.”
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