Quote of the week
Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
Judicial Conduct Committee statement on JP John Hlophe
MEDIA STATEMENT
On 24 August 2012 the Judicial Conduct Committee heard oral submissions made by Counsel representing Freedom Under Law and Judge President Hlophe and also considered written representations earlier made in connection with the complaint lodged by Freedom Under Law against Judge President Hlophe. The Committee also considered the written representations submitted on behalf of the judges of the Constitutional Court in connection with the complaint they had lodged against Judge President Hlophe. The Committee has now made its decision in the two matters as set out hereunder.
1) The complaint lodged by the Judges of the Constitutional Court
The Committee considered that this complaint, if established, will prima facie indicate gross misconduct which may lead to impeachment. Accordingly, the Committee has recommended to the Judicial Service Commission that a Tribunal be appointed to investigate it. In doing so, the Committee took into account interalia the clear pronouncements of the Supreme Court of Appeal that the Judicial Service Commission must make a determination whether the Judge President was guilty of grossmisconduct or not.
2) The Complaint lodged by Freedom Under Law
The Committee accepted that some of the utterances made by Judge President Hlophe in the course of the proceedings that followed upon the laying of the complaint by the judges of the Constitutional Court will, if established, indicate gross misconduct on the part of the judge. However, the Committee considered the circumstances under which the utterances were made and came to the conclusion that in view of such circumstances it is not likely that such misconduct would justify impeachment. In the circumstances, the proper course to follow would be to recommend in terms of section 16(4)(a) of the Judicial Service Act 9 of 1994 as amended that an enquiry be conducted in terms of section 17(2).This would, however, expose the judge to complaints and penalties that were not there when the complaint arose. This would violate the established rule of law against retrospective application of legislation.
This complaint could therefore not be proceeded with and was accordingly dismissed.
