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

Recommended

by NEWSROOM AI
Read More
Wits Nehawu members down tools over salaries

Wits Nehawu members down tools over salaries

Nehawu Wits acting secretary Tumisho Madihlaba says negotiations with management deadlocked resulting in a strike.

Former Eskom interim CEO Sean Maritz under fire for signing off R400 mil payment

Former Eskom interim CEO Sean Maritz under fire for signing off R400 mil payment

‘Documents show that the fee contract was entered into by Anoj Singh & signed off by the acting CEO Sean Maritz' - Chris Yelland

‘Qedani Mahlangu helped people die then she ran away’ – Stephen Grootes

‘Qedani Mahlangu helped people die then she ran away’ – Stephen Grootes

Stephan Grootes shares his views on the events that unfolded at Life Esidimini and comments on Qedani Mahlangu’s apology.

Metrorail train derails due to vandalism on the central line

Metrorail train derails due to vandalism on the central line

The Central line was set to resume services on Thursday but has been postponed due to vandalism at Heideveld and Netreg stations.

Hawks Mulaudzi neither confirms or denies reports about possible Guptas arrests

Hawks Mulaudzi neither confirms or denies reports about possible Guptas arrests

Hawks spokesperson confirmed working closely with the NPA but cannot disclose cases it is working on until people are charged.

May the Fourth be with you, a celebration of Star Wars Day

May the Fourth be with you, a celebration of Star Wars Day

May 4 marks "May the Fourth be with you," Day celebrated by fans George Lucas' fans of his Star Wars global movie franchise.

Popular articles
 In the market for a 2nd hand car? Here are some tips to buy it on a budget!

In the market for a 2nd hand car? Here are some tips to buy it on a budget!

In the car feature, our very own car guy Tumelo Maketekete shares some tips and tricks to buying a car on a R100 000 budget.

Vigilante mob attacks alleged criminals in Daveyton

Vigilante mob attacks alleged criminals in Daveyton

Tensions are rife in the East Joburg township as the community attacked and killed criminals.

[WATCH] Dad uses a drone to pull out son's tooth

[WATCH] Dad uses a drone to pull out son's tooth

Khabazela shares YouTube videos gone viral including a barmaid hitting a colleague who slapped her rear during a routine.

[Listen] Lottery responds to Tshepo's fraud claims

[Listen] Lottery responds to Tshepo's fraud claims

Philemon Letwaba says Tshepo's case relates to some of the issues that they are dealing with on a daily basis.

[WATCH] Is it a cow's penis or an udder? Well, this kid thinks it's a penis

[WATCH] Is it a cow's penis or an udder? Well, this kid thinks it's a penis

Check out the videos, tweets, Facebook posts that have gone viral and why this kid cheered her dad on in the toilet.