Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
Now it emerge in court papers that he had received nearly R500 000 from the Oasis group, starting in December 2002. Omar was Minister of Justice until the middle of 1999. Hlophe on several occasions declined to grant permission to Oasis to sue Judge Desai but after payments of almost R500 000, he suddely gave the permission.
Two blidingly obvious conclusions can be drawn form this:
From this it is difficult not to conclude that Judge Hlophe’s action were both dishonest and corrupt. Maybe he has a good excuse, but judges must not only be beyond reproach but must make sure their behaviour does not even hint at impropriety. It is a scandal that he is still on the bench. He should be impeached.