Decide President John Hlophe’s Judicial Conduct Tribunal postponed because of sick well being and a date conflict with Decide President’s UK-based counsel.
The long-awaited Judicial Conduct Tribunal set to listen to proof about Western Cape Decide President John Hlophe’s alleged try to affect Constitutional Courtroom Judges in 2008 in favour of former President Jacob Zuma has been postponed – once more.
In June 2020 the JSC introduced that the much-anticipated tribunal was set right down to proceed between 16 to 30 October 2020. It has taken 12 years for the matter to lastly attain this stage.
Nevertheless, in an announcement issued on 20 October, Sello Chiloane, JSC secretary, introduced that the brand new dates set down for the listening to are 7 to 11 December.
This was as a result of Hlophe’s authorized consultant within the matter, Advocate Courtney Griffiths QC, (the person who represented Liberian dictator Charles Taylor on the Worldwide Felony Courtroom) was unavailable. Additionally cited was Decide Chris Jafta’s sick well being.
Griffiths, a high-profile Jamacian-born British barrister doesn’t come low-cost and there was some negotiating his payment for representing Hlophe with the state lawyer’s workplace.
Griffiths spent three years arguing within the ICC that former Liberian president Charles Taylor was not chargeable for the horrors perpetrated throughout Sierra Leone’s 11-year civil warfare.
In 2012 Taylor was convicted of aiding and abetting warfare crimes. He was cleared of ordering these atrocities, together with rapes and amputations.
Griffiths has branded the ICC as a “racist instrument of American overseas coverage”.
Hlophe has beforehand argued that South African counsel can be reluctant to cross study South African Constitutional Courtroom judges – most of whom have since both died or retired. Griffiths can be unencumbered by this supposed anxiousness, Hlophe has prompt.
The criticism towards Hlophe arises from allegations that in March 2008, Hlophe had approached Constitutional Courtroom Judges Jafta and Bess Nkabinde individually of their workplaces.
There he’s alleged to have knowledgeable them that he can be subsequent Chief Justice, that they need to think about their future and rule in favour of Zuma in a matter of the legality of seizures of 93,000 paperwork from numerous premises belonging to the soon-to-be president.
Since then it has been an extended and winding street for a matter of “this magnitude” as former Constitutional Courtroom Deputy Chief Justice, Dikgang Moseneke has written in his second ebook All Rise – A Judicial Memoir.
It was Moseneke, then Chief Justice Pius Langa and 9 different judges who lodged the criticism towards Hlophe with the JSC. Hlophe instantly lodged a counter criticism.
Because the case dragged on and South African taxpayers reportedly contributed, in line with the Division of Justice, a complete of R3.5-million in authorized charges to Hlophe’s authorized groups simply between November 2013 and October 2014.
Hlophe’s South African authorized consultant, Barnabas Xulu, presently combating a court docket order in search of to connect his belongings for the reimbursement of authorized charges owed to the Division of Agriculture, Forestry and Fisheries, acquired R616,000 of this.
There may be an ongoing dispute with regard to the state’s fee of Hlophe’s authorized charges within the saga and whether or not he ought to repay these if a tribunal finds that he needs to be impeached.
This isn’t the one matter in Hlophe’s lengthy record of dealings with the JSC.
In July 2020 Chief Justice Mogoeng Mogoeng introduced that he had really helpful that Hlophe face one other misconduct tribunal with regard to the Decide President’s alleged assault of fellow choose Mushtak Parker.
The criticism had been lodged by Deputy Decide President Patricia Goliath in January 2020.
In the meantime, the JSC has since really helpful that Parker be suspended and face a tribunal for offering conflicting variations of the alleged assault on him by Hlophe.
Over and above this, the Western Cape Decide President has been accused of improperly making rulings in favour of Xulu’s purchasers.
In 2017, the Supreme Courtroom of Enchantment, in a blazing judgment, discovered that Hlophe might have been biased when he reversed an NPA preservation order granted towards Xulu’s shopper, Matthews Mulaudzi, with out contemplating the state’s submissions.
Mulaudzi had fraudulently pocketed R48-million he was not entitled to. It’s unclear whether or not the funds have been ever recovered by Nedbank to whom the businessman had ceded an Outdated Mutual coverage.
Hlophe has additionally been charged by Minister of Atmosphere, Forestry and Fisheries, Barbara Creecy, of granting an order “in chambers” benefiting Xulu’s agency, Barnabas Xulu Integrated in a DAFF matter.
The State Lawyer, in line with Enterprise Day, had complained of Xulu’s R20,000 a day authorized payment for his providers representing Hlophe in his numerous battles with the JSC. DM