“However, one must ask oneself the question whether “die kool die sous werd is”. Even if the JSC at the direction of the Court does conduct a full hearing and, even if it does in the end recommend impeachment, the problem will still remain: How can a majority of two thirds be attained in both houses of Parliament to impeach and secure the dismissal of Hlophe? Given the ANC’s majority, and its clear inclination to promote party-politics (and partisanism among judges to further the cause of the majoritrty political party) rather than proper governance, independence of the judiciary and the Rule of Law, the chances are much less than average that Parliament would impeach Hlophe.”

Even if you are right, and I suspect you are, I still think it would be a dereliction of duty not to. It would also send an important symbolic message.

When the Nats changed the composition of the judiciary to remove coloreds from the voters role it was clear nothing would stop them. Still everything was tried.

To give up would shame us forever for generations to come. I still believe that in the end, justice will win, but only if good and principled men don’t do nothing.

You are spot on Big Sleeper. I am not surprised at all. Unfortunately this is what we have to put up with for the next 10 years under this new administration.

I did not expect a different outcome from this since the foundation has already been laid with the bizarre dropping of the JZ case. And I expect similar outcomes in future where JZ and ANC’s cronies are involved.

Mandela once said he fought against white domination as well as against black domination. Meaning he did not fight to replace the white apartheid with the black apartheid. Unfortunately, the very man he aspires to and pretends to be the next Mandela is institutionalizing another domination based on cult and loyalty to him while Mandela fought for and ensured that fair and equal justice is dispensed to all irrespective of socio-political and economic standing in the society.

Thomas, do you really think there is going to be anything apolitical under this administration when it comes to dispensing justice where the interests of the current ANC leadership is involved? You are expecting too much and you are certainly in for a big surprise of your life.

Prof, the sad day for our judiciary had dawned long time ago when the NPA dropped JZ case on the basis of illegally solicited tapes.

I concur,
We just have to let go of this matter, because even if it goes to parliament, Hlophe will still not be voted out. (May be because the matter has a Zuma name in it).

I know Hlophe is very intelligent and capable of extraordinary, but it is not to the interest of the judiciary (and the country) to have at least one Judge (either one from the CC or Hlophe) who lied, to be allowed to continue sitting on the bench.

But perhaps the better view is that the majority always knew that Hlophe would catch a break. And that after the media groups successfully launched a very welcome application, the majority was merely forced to accept that it would have to look somewhat foolish and crooked in order to realise its ultimate object.

But there is hope the CC judges can ask for a review, If I was them take it to court the JSC can not be trusted nore can it come to a complete decision, The jsc was not in anyway interested to hear evidence.

Kameraad Mhambi – Obviously the matter can be reviewed since clear irregularities can be pointed out pertaining to the lack of objectivity of members; or appealed on grounds of a clearly wrong interpretation of what would amount to gross misconduct (in fact, earlier the full JSC has already indicated that if the averments of either of both sides could be proved, it would amount to ‘gross misconduct’!). Precedent has been set by the matters where Hlophe took the CC judges and the JSC to court, which clearly indicates that the High Court would have jurisdiction to review the matter (or hear an appeal). The only question would be which Division of the High Court might have jurisdiction, probably Gauteng South (Jhb) – but, given the splits in the Gauteng South Court in the past, it is known that Hlophe enjoys much support in that Division. The chances of success might therefore be around 50/50. If it goes to the SCA after that, the chances are however much better that the JSC’s decision would be overturned.

However, one must ask oneself the question whether “die kool die sous werd is”. Even if the JSC at the direction of the Court does conduct a full hearing and, even if it does in the end recommend impeachment, the problem will still remain: How can a majority of two thirds be attained in both houses of Parliament to impeach and secure the dismissal of Hlophe? Given the ANC’s majority, and its clear inclination to promote party-politics (and partisanism among judges to further the cause of the majoritrty political party) rather than proper governance, independence of the judiciary and the Rule of Law, the chances are much less than average that Parliament would impeach Hlophe.

Seems like Hlophe JP, whose actions to approach Jaftha and Nkabinde in the Zuma Thint matters (which must be misconduct seeing that part of the matter emanated from Hlophe JP’s own court) were described by the majority as “unwise, ill-considered, imprudent, not thought through” (in other words ‘STUPID’), is now allowed to again ascend the Bench in the Western Cape. Who wants a stupid (clearly not impartial and politically affiliated) judge to preside over their cases? Moreover, who among the Western Cape judges would appreciate being headed by such a JP? … Banana Republic?