The civil society organisation wrote to the JSC last Friday to ask who would replace Hlophe at the interviews, in light of the recent finding of the Judicial Conduct Tribunal that he was guilty of gross misconduct.
FUL’s executive officer, Nicole Fritz, said this contradicted an earlier position taken by the JSC in response to a submission by the civil society organisation in 2016, that barring a suspension or adverse finding by the tribunal, nothing stopped Hlophe from continuing in his duties as judge president.
The Cape Bar Council cautioned in a media statement that Hlophe’s presence could taint the interview process. “In addition, the interview process should resume only after the JSC has made its finding on the JCT’s report and any applicable representations. Such a course will also ensure that the serious findings of the Judicial Conduct Tribunal do not taint the judicial appointment process to the Western Cape high court.”
The tribunal earlier said this argument did not apply, because it was not subjecting Hlophe to criminal trial. Rather, its inquiry was concerned with principles of judicial probity and ethical standards, which barred a judge from one division from discussing the merits of a matter with judges of the court in which it is still pending.
Not going to happen