When a journalist phoned me late yesterday afternoon and told me that Judge President John Hlophe did not make it on to the list of seven names sent to President Jacob Zuma by the Judicial Services Commission (JSC) for possible appointment to the four vacancies on the Constitutional Court, I felt like quoting my father when [...]
Posts under ‘Constitutional Court’
Why John Hlophe will not be appointed
I am going to stick my neck out and predict that Judge President John Hlophe will NOT be appointed to the Constitutional Court. There are, of course, many valid and cogent reasons why Judge President John Hlophe should not be appointed to the Constitutional Court. There are also many valid reasons for believing that independent [...]
Who is advising the Minister of Defence?
When the protest by South African soldiers outside the Union Buildings turned violent two weeks ago, the government finally took notice of protestors. It is one thing for striking workers to toyi-toyi through the streets of Johannesburg and Cape Town or for poor people to burn tyres in protest at a lack of service delivery and lazy [...]
Sanity and humanity prevails – for now
When the Constitutional Court granted an order in June, allowing the government to remove the residents of Joe Slovo outside the city of Cape Town to Delft 20 km away, some of us wondered quietly whether the government had not perhaps been as untruthful to the court as it had previously been untruthful to the residents of Joe Slovo.
The government [...]
Mowbray, Kaap IS scary – if you are black
Much has been said about the decision by the Canadian Refugee Board to grant refugee status to ex water sprinkler salesman, Brandon Huntley. But I think I might have another question to ask about this sorry affair. Would the Refugee Board have come to the decision it did if it allowed for a full hearing [...]
On acting “arbitrarily and capriciously”
It seems as if Judge President John Hlophe and the judges of the Constitutional Court are not off the hook yet. Just when Hlophe thought he had yet again (and against all legal odds) escaped impeachment, former Constitutional Court judge Johann Kriegler announced an intention to legally challenge the decision by the Judicial Services Commission [...]
Not lazy, just callous and disrespectful of the Constitution
When Prof Jonathan Jansen called Basic Education, Minister Angie Motshekga, a “lazy and incompetent minister”, that great charmer and former spin-doctor of the ANC, Jessie Duarte, was not amused. Duarte, who during her time as spin-doctor developed the brilliant media strategy of insulting and attacking any journalist who dared to ask her a question, at the time [...]
Hlophe: what happens now?
Judge President John Hlophe will probably return to work on Monday before jetting off to Johannesburg at the end of the week to be interviewed for a position on the Constitutional Court. The media will focus heavily on his interview because the Judge President is the story that will sell newspapers. The suspense! The drama! [...]
A sad day for our judiciary and the JSC
In late medieval times, so it is claimed, theologians argued about how many angels can dance on the head of a pin. The majority of the disciplinary committee of the Judicial Services Commission (JSC) would have felt right at home amongst those theologians.
In their decision, handed down today, on why it would not proceed with [...]
Hlophe a free man?
This story has just been posted on the web by Independent Newspapers.
Cape Judge President John Hlophe no longer faces the threat of impeachment.
Hours before the Judicial Service Commission is expected to announce its decision on the much-publicised dispute between Hlophe and the Constitutional Court, The Star has learnt that the JSC’s complaints committee has decided [...]

