The Judicial Conduct Tribunal has made short shrift of Western Cape Judge President John Hlophe’s attempt at smearing two Constitutional Court judges for perjury and has recommended that he face impeachment on charges of gross misconduct.
It “unanimously found” that “on objective and proper consideration” of facts and probabilities, Hlophe’s conduct breached Section 165 of the Constitution “in that he improperly attempted to influence the two Justices of the Constitutional Court to violate their oaths of office”.Hlophe’s conduct had also “seriously threatened and interfered with the independence, impartiality, dignity and effectiveness of the Constitutional Court” as well as threatening “public confidence in the judicial system”.
“Their participation, and them being represented by counsel, has been accepted since 2009. Until this argument was raised during the tribunal sitting in December 2020, Judge President Hlophe has never once, in the 12 years of this complaint, questioned the participation of counsel for the Constitutional Court.”
“We have chronicled his own litigation and occasions on which he sought postponement of the proceedings of this tribunal. That Hlophe had told Nkabinde that “there was no case against” Zuma after declaring that Zuma was likely to become president of the republic was “revealing” said the panel.