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.
I took part in a debate with Paul Ngobeni this morning on SAFM about whether Judge President John Hlophe should be appointed to the Constitutional Court. My dear friend Paul said in his opening remarks that I had written on this Blog that I “hate” Hlophe. I was rather taken aback by this as I have never written on this Blog (or anywhere else, for that matter) that I hate anyone. Ngobeni was, in fact, telling a scurrilous lie. What I actually said was EXACTLY the opposite, and I quote:
Really, it deeply angers me that those who are charged by the Constitution to uphold the Constitution and the law could steep so low. They should be ashamed of themselves. This does not make me a person who hates the Judge President (or his lawyers). It does make me a person who is very, very angry with the Judge President. It makes me a person who is beginning to wonder whether the Judge President has the requisite moral compass required to continue serving as a judge in our beautiful democracy – regardless any finding of the JSC in the CC case against him.
Mr Ngobeni has shown a propsensity to distort both facts and the law to suit his purpose and this morning was no exception. If I was Hlophe I would feel ashamed to be associated with such blatant dishonesty. As Judge Hlophe himself has been caught telling lies, I suppose it is par for the course though.BACK TO TOP