Western Cape Judge President John Hlophe is facing gross misconduct charges, reports South African newspaper Business Day, with the ongoing hearing before the Judicial Service Commission investigating allegations dating back four years. The postponement is part of a continuing saga involving allegations that Judge Hlophe attempted to influence judgments relating to corruption charges against President Jacob Zuma.

State funding

Although the committee initially cleared Judge Hlophe in 2009, the Supreme Court of Appeal overturned that decision. A hearing scheduled for last June was postponed because it did not have a quorum, reported the Cape Times newspaper.
Judge Hlophe has already been granted R7m (£550,000) of state funding to cover outstanding legal fees, but this has been insufficient, with at least R3.5m remaining unpaid. Judge Hlophe’s attorney, Barnabus Xulu, has also confirmed that his client has refused to agree to reimburse any costs if the commission finds against him.

Issue of fairness

Mr Xulu described the situation as ‘very, very, very bad’, not least because of a lack of clarity around payment of Judge Hlophe’s future legal costs. He continued that there would be ‘serious issues of fairness’ if Judge Hlophe was not represented.
This latest delay is another blow to the Judicial Conduct Committee, which has been criticised for its handling of the case. A recent Business Day article reported that the committee has received written submissions saying that the ‘only lawful course’ for the case is the establishment of a formal misconduct tribunal, including cross-examination, to reach a clear understanding of what happened.