It is difficult not to conclude that Judge President John Hlophe and his handlangers will go to any lengths to save his bacon – even destroy the constitutional order if necessary. How else to view the application launched in the Johannesburg High Court seeking a declaratory order that the Constitutional Court had violated his rights by making allegations against him in the media, before lodging a complaint with the JSC.
He also asked for an interim interdict against the JSC, stopping it from proceeding with the hearing, at least until such time as the high court ruled on his application. I hear the Judge President is arguing that the JSC cannot hear his complaint because it is not a court of law. They should therefore also not be allowed to hear the complaint by the Constitutional Court as this complaint violated his rights.
His application to the High Court – so I am told – is aimed at stopping the whole process before the JSC to “prevent a constitutional crisis”. If the High Court agrees to hear his case, so he argues, they will have to adjudicate on a matter involving a higher court and this will plunge the whole judicial system into crisis – unless the Constitutional Court is reconstituted to hear his appeal (something that is not possible in terms of the Constitution.)
The only way to solve this “crisis” is to order the JSC not to hear the complaint against him. Clever, huh?
I do not want to comment further before I get my hands on his papers (which will be posted on the net tonight, I am told). Just one thought: do I detect the hand of Paul Ngobeni in all of this?
It is obvious that the ConCourt should admit and publicly apologise for gross violation of Hlophe’s constitutional rights. The ConCourt and all the racist white legal profesionals (particularly the Cape) should swallow their pride and offer Hlophe the public apology, instead of requesting that the hearing be made public.
They really fooling themselves, may be because they fools claiming to be legal champions . You CANNOT bring a goodman down. What’s the problem if the hand of Paul Ngobeni is on? They have also failed to conspire against Ngobeni, they now going to fail against Hlope, Zuma, Motata-hence I call them failures.
Again calling shots in the running….
My initial understanding is that his hearing is actually just an audi alteram partem afforded to Hlope before the JSC exercises its duty in terms of section 178[5] of the constitution to “advise the national government on any matter relating to the judiciary or the administration of justice…”
So on the legality principle the JSC receives its powers from s 178{5}.
Even if the CC violated his rights it can not prevent the JSC from affording him an audi-hearing.
I think the application is based on muddled thinking. Its balderdash.
wow, the drama is so amazing. the story so unpredictable. and the intrigue nail biting. one would think that these are “the days of our lives” but its actually the powers of a legal system that is at issue. its a bit ridiculous and sad how personalities manipulate it.
It is not the hand of Paul Ngobeni in all of this, but the hand of lindelani maseko (a.k.a. anonymouse)!!
Alle grappies op ‘n stokkie, though. Where does this clown Hlophe think he is going. The precise body that had him appointed, first as a puny judge, then as a judge president (note the lower case?), may not decide whether he is suitable material to remain in that position (or even go for something higher)? Funny thing is, if he is aspiring for CJ-ship, that will have to go through the JSC as well, no? No, the Constitution says the President appoints the CJ (and DCJ) after ‘consultation’ with the JSC and the parties represented in parliament (note the lower case?), but it does not say that the others’ feelings or opinions should really be taken into account!!! And if he does not, who is going to complain and to whom. In this regard, our progressive and ‘transformative’ Constitution might have become a ‘Leviathan’, a ‘wild fire that has gotten out of control’. The JSC and Parliament (note the upper case?) should act swiftly, and decisively, and put an end to this matter if we want to see ‘the rule of law’ survive.
Malema says the JSC had better be careful with slippery Hlopes or they face elimination by the revolution. Even Vavi says the revolution must keep violence on the table as an option, even though he regrets that his killing talk may have upset the more sensitive amongst us. Heaven help us when Zuma goes to court.
Thabo, hy sê niks.
Zuma is handing out kospakkies to warm blankes – mooi Jacob.
South Africa vehemently opposed the ban on cluster bombs! This is Hlophe’s cluster bomb. No one seems to want their day in court in SA anymore!
good sumary of application in b’day
http://www.businessday.co.za/articles/topstories.aspx?ID=BD4A808927
Zuma should lead us in an orange overall, He will be running this country from prison.
I think this is the massage to be sent accross the country especially to those who are anti-Zuma.
Just as a layman’s comment: Why doesn’t the CC offer us an apology for going public about the charge against Hlophe? We would have heard it from the JSC anyway, had they laid a charge. Why did they have to mention the case Hlophe is alleged to have tried to influence? How many CC judges signed the complaint against Hlophe, if not all of them then must we consider this as a complaint by the CC. They have now caused people to doubt their motives. In situations like this it is better to apologise and let the real issues be dealt with. If it about egos then we have a long road to travel before this matter is dealt with and the CC will lose its reputation.
Now Lindelani is trying to pose as Malema! Whatever next?
Zuma in an orange suit? Him ruling from prison? The ‘Con’ Court will get him there yet.
The anti-revolutionists are yet to fail. They would never get Zuma in there. Mbeki is yet to be investigated on the arms deal and probable be prosecuted.
Lindelani:
1. Mbeki did an Arthur Andersen.
2. I agree though, Africans don’t send their leaders to prison. It is disrespectful. JZ will never see the inside of a prison cell unless he’s accompanying the Inspecting Judge on a visit.
where can i obtain a copy of Judge hlope’s application papers from????needed urgently
Totally moronic De Vos- you have not seen the papers and yet you condemn or even denigrate the application. That is real lawyerly and scholarly! The crisis here is of the Concourt’s own making; it pre-empted a process that the JSC was supposed to manage itself. Judge Hlophe’s request for declaratory order from the Court ca certainly not be granted by the JSC as it is without legal authority to do so- the JSC only investigates and makes recommendatios to the President and parliament. Once you have read the papers you will be qualified to comment. Otherwise you sound ridiculous with your ad hominem attacks and rantings about Paul Ngobeni