Cape Town - The judicial Service Commission (JSC) has been asked to submit written reasons to Western Cape High Court Judge President (JP) John Hlophe’s legal team for its suspension recommendation made to the Presidency.
Through his legal team, Hlophe also said he was contemplating applying to court to have the process followed by the JSC and the resultant decision, to be set aside on review.
Representing Hlophe, Barnabas Xulu SC, wrote to the JSC adding his client had been prejudiced by the JSC.
“As stated by yourself, Judge President Hlophe had made comprehensive written representations to the JSC prior to the JSC taking its decision. Those representations were contained in a letter written by us to the JSC dated July 22.
“In paragraph 68 of that letter, Judge President Hlophe asked the JSC to allow his legal representatives to make oral submissions to the meeting of the JSC due to the complexity of the issues involved in the matter. The JSC did not respond to that request, and, without explanation, failed to provide an opportunity for Judge President Hlophe’s legal representatives to address the JSC meeting of July 25. Judge President Hlophe is prejudiced by the JSC failure to hear oral argument of his legal representatives,” the letter read.
This follows an announcement by the JSC on Monday evening that a suspension recommendation was made to the Presidency due to him having been found guilty of gross misconduct.
Further in the letter, it stated Hlophe was “also entitled to know the composition of the JSC meeting which dealt with his matter on July 25” as to date, according to Xulu, they have not been made aware of who attended the meeting.
“Judge President Hlophe is contemplating applying to court to have the process followed by the JSC and the resultant decision to advise the president to suspend him set aside on review. Before doing so, we are instructed to request, as we hereby do, that (the JSC) furnish written reasons, in terms of section 5 of the Promotion of Administrative Justice Act 3 of 2000, for the failure to allow oral representations/argument and for the decision to advise the president to suspend Judge President Hlophe,” the letter read.
The JSC has been requested to furnish these reasons by August 3.
JSC spokesperson, Doris Tshepe said: “The JSC confirms receipt of the letter from JP Hlophe’s attorneys. The JSC will consider the contents of the letter and respond in due course.”
Law expert, Dr Paul Ngobeni said Hlophe’s requests were clear.
“The decision to recommend suspension now when the same JSC did not do so for almost a year...The decision to do so only after JP Hlophe succeeded in his application for leave to appeal all cry out for articulable reasons and explanation by the JSC. The refusal to allow him oral representation is a fundamental breach of due process and can be challenged in court,” said Ngobeni.
The suspension recommendation was made after Hlophe was found guilty of gross misconduct after he had (allegedly) attempted to influence the outcome of former president Jacob Zuma’s corruption charges in 2008.
The judicial tribunal’s report stated that Hlophe breached sections of the Constitution when he tried to influence two justices of the Constitutional Court to rule in a particular manner in a pending judgment between Zuma and the National Prosecuting Authority.
Cape Times