The Supreme Court of Appeal on Thursday said that public interest demands a full investigation by the Judicial Service Commission (JSC) into claims Western Cape Judge President John Hlophe tried to influence the Constitutional Court in cases relating to President Jacob Zuma.
It ruled earlier in two separate cases that the JSC’s decision to declare the Constitutional Court’s complaint against Hlophe as final without subjecting any of the judges to a cross-examination was invalid.
Freedom Under Law had asked the court to declare the JSC’s decision invalid, while Western Cape Premier Helen Zille said the decision was wrong because she had not been included in the process as mandated by the constitution.
Judges said it would be a sad day if the JSC was allowed to sweep serious allegations of judicial misconduct under the carpet for reasons of practicality.
Hlophe’s attorney Barnabas Xulu said, “Let’s consider and study it and look at the available legal remedies.”
Helen Zille’s spokesperson Nick Dokes was pleased and said, “It provides clarity that the premier must be engaged within all aspects of functioning of the high court in their respective province."
The JSC now needs to decide whether it needs to start this case from the beginning.
