The ongoing war of attrition by Western Cape Judge President John Hlophe is getting uglier by the week. So much so in fact that in the Sunday Times this week former Democratic Alliance leader Tony Leon suggests that Hlophe is some sort of fifth columnist who is destroying our justice system from within.
There is merit in Leon’s argument.
In order to simplify it for my readers I’m cutting it down to the barest of bones. Those of you who wish to read further on the subject may scroll back on this site I’ve covered this issue extensively.
What it amounts to is this:
The charge against Hlophe is that he approached certain judges to influence their decision in a case involving the president FULLSTOP
The charge against the JSC, who are tasked with disciplining judges, is — in essence — that they went public before formally charging Hlophe.
Subsequently the Hlophe legal team has bombarded the justice system with technical points and blown up every side issue they can while using the destruction of the reputation of our judges as one of the main focuses of their attack.
In a nutshell Hlophe’s defence is attempting to cloud the issue and taking everyone’s eye off the only question that need concern us here:
THAT IS what do you do with a judge who for personal gain tried to influence the decisions of other judges?
President Zuma in his legal battles was concerned with a bitter factional war within the ANC. Hlophe is involved in a selfish war occasioned by his own conduct designed to curry favour.
Accordingly the solution must be as follows:
The matter must be referred by the JSC to an independent court outside of the Western Cape.
Thee judges must be appointed by the minister of justice to deal with this case which is embarrassing our judiciary and our country.
If Hlophe has an action for damages or defamation let him bring those separately after this issue has been resolved. Damages can only be calculated once this case has been decided anyway.
You can never, ever allow a judge to try and influence other judges in a matter. That is the cardinal sin.
If Hlophe did this then there can never be a place for him in our judiciary.
The rest of the side issues can be dealt with in the ordinary course. Chances are that once the main issue has been dealt with the balance will be resolved very quickly.
Cartoon: Judge Hlophe – Where is the Justice?
Author
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