Quote of the week

When a foreigner resides among you in your land, do not mistreat them. The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am your God – Leviticus 19:33-34.

Consequently, you are no longer foreigners and strangers, but fellow citizens with God’s people and also members of his household,  built on the foundation of the apostles and prophets, with Christ Jesus himself as the chief cornerstone.  In him the whole building is joined together and rises to become a holy temple in the Lord.  And in him you too are being built together to become a dwelling in which God lives by his Spirit – Ephesians 2:19-22.

Authors unknown
Christian Bible
5 February 2007

Hlophe case "unprecedented"

Robin Palmer, Professor at the University of KwaZulu-Natal says in a report in the Sunday Argus that the Hlophe/Desai case is unprecedented in South Africa’s legal history. A situation where a judge was facing defamation claims and the judge-president could be called to testify and possibly face hostile cross-examination was “highly undesirable”.

Meanwhile Sheila Camerer of the DA called for the Judicial Service Commission to reopen its investigation into Hlophe.

The problem is, of course, that the JSC is hopelessly divided on this matter. The Hansie Cronje effect has come in to play, so some members of the JSC will probably be loyal to Justice Hlope even if he admits that he only gave permission for Justife Desai to be sued because he received money from the Oasis group.

There is an urgent need for the Minister of Justice – or somebody at the Ministery who actually does anything – to finalise the Bill that will set up a system to deal with disciplinary matters against judges. What is required is the establishment of a sub-committee of the JSC, composed at the very least, of a majority of senior judges and chaired by the Chief Justice, to look into allegations of conflicts of interest and corruption against judges.

It would be untenable for such a committee to be controlled by civillians with overt political agendas. The indepenence of the judiciary requires that judges should be in control of their own disciplinary process. But one or two civillians could be added to ensure that the body does not become a toothless club protecting colleagues who should be brought to book.

This sub-committee should deal with judges on the basis of a code of conduct setting out what is required of a judge in terms of ethics and behaviour and should allow for reccommendations that range from suspension and docking of pay to full impeachment.

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