Judges ask court to reconsider decision on Hlophe tribunal

Constitutional Court judges who accused Western Cape Judge President John Hlophe of misconduct, now want their own court to change its decision not to hear their appeal.

In 2008 now acting deputy chief justice Bess Nkabinde and Judge Chris Jafta were a part of the Constitutional Court’s decision to lodge a charge of misconduct against Hlophe at the Judicial Service Commission. They claimed at the time that Hlophe approached them and tried to improperly influence them on cases related to Jacob Zuma.

But when the inquiry was about to start, they challenged its lawfulness before the constitutional court itself and eventually the court said it could not hear their application because its judges were conflicted.

Now the same two judges want the Constitutional Court to change that decision.

Stephen Grootes talks to legal writer from Business day, Franny Rabkin and asks if we are on new legal ground here. Can a Constitutional Court decision be overturned?

It just happens extremely rarely. And I have been looking all morning, and I have not found one that has been granted.

Franny Rabkin, Legal writer Business Day

Rabkin says she is at a loss to understand this legal challenge by the two judges.

Rabkin's biggest concern is that every judicial conduct tribunal and every allegation of gross misconduct that the JSC has felt warranted a tribunal, has also been put on hold.

Which means a huge component of our judicial accountability mechanism is not functioning.

Franny Rabkin, Legal writer Business Day
Read More
Tshwane residents to ‘buy back’ electricity in solar programme

Tshwane residents to ‘buy back’ electricity in solar programme

Countries like Germany have been doing this for over a decade.

Taxi ranks a risk for female commuters - Sonke Gender Justice

Taxi ranks a risk for female commuters - Sonke Gender Justice

At least two women have spoken to EWN about being sexually attacked in a white and grey taxi.

Mystery man implicated in Chief Justice burglary 'well connected' - Times journo

Mystery man implicated in Chief Justice burglary 'well connected' - Times journo

Times journalist Stephan Hofstatter gives the lowdown on Nkosinathi Msimango, the man allegedly linked to the investigation.

Intervention with Sars not necessary, says Gordhan

Intervention with Sars not necessary, says Gordhan

Finance minister Pravin Gordhan attended a breakfast meeting at Deloitte on Friday morning.

Defiant Andile Lungisa is likely buoyed by Zuma's backing - analyst

Defiant Andile Lungisa is likely buoyed by Zuma's backing - analyst

Political analyst Mcebisi Ndletyana suspects ANC's embattled Andile Lungisa has secured support within the top brass of the party.

Judges ask court to rethink Hlope decision

Judges ask court to rethink Hlope decision

Acting Chief Justice Bess Nkabinde and Judges Chris Jafta want leave to appeal again in Hlope decision.

Popular articles
Opinion: Laying equal blame on parents in Spur spat is wrong says Eusebius

Opinion: Laying equal blame on parents in Spur spat is wrong says Eusebius

He believes it's a moral cop-out to say the only thing going on in the video is two adults behaving badly in front of the kids.

[LISTEN] Eldorado Park activist's eyewitness account of fatal mob attack

[LISTEN] Eldorado Park activist's eyewitness account of fatal mob attack

Community Activist Dereleen James says there has been a surge of drug related crimes in the area, leading to a series of deaths.

Is Uber dying? Stuff’s editor explains…

Is Uber dying? Stuff’s editor explains…

High ranking employees are resigning en masse as crisis upon crisis pummel lossmaking Uber.

Spur CEO: Man's pic will be up at restaurants and he is not welcome

Spur CEO: Man's pic will be up at restaurants and he is not welcome

Spur CEO says staff aren't equipped for this kind of customer confrontation and he will consider reviewing their training manual.

WATCH: Spur bans man after heated spat caught on camera

WATCH: Spur bans man after heated spat caught on camera

A man has been banned from Spur after threatening a woman during a heated argument which was captured on video and has gone viral.

Spur tightens its belt as 'two for the price of one' Monday burger special ends

Spur tightens its belt as 'two for the price of one' Monday burger special ends

The CEO of Spur says food inflation has played a big role in making this difficult decision.

3 JSE shares you should invest right now (by Momentum)

3 JSE shares you should invest right now (by Momentum)

Looking for a hot tip, or three? Here’s what Momentum Head of Investments and Savings Steven Schultz is buying...

He was a loving family man - Joe Mafela’s niece

He was a loving family man - Joe Mafela’s niece

Legendary actor, Joe Mafela popularly known as Sdumo passed away on Saturday following a car accident.

Earn peanuts? How to best invest very small amounts...

Earn peanuts? How to best invest very small amounts...

Got a spare R200 or R300 a month? Here’s how to make that money work hard and grow…