Retired chief justice Mogoeng Mogoeng. Picture: Gallo Images
Chief Justice Mogoeng Mogoeng has welcomed an investigation by the Judicial Service Commission (JSC) of the high-profile complaint against Judge John Hlophe and his wife Judge Gayaat Salie-Hlophe amid allegations of misconduct against both.
Deputy Judge President Patricia Goliath has accused her boss, Hlophe, and his wife of compromising the proper functioning and integrity of the court. Hlophe is judge president of the Western Cape Division of the High Court.
In her complaint, Goliath claimed the couple had made questionable decisions as Salie-Hlophe was allegedly involved in the selection of acting judges, while her husband allegedly attempted to influence the outcome of the Russia nuclear deal case implicating then president Jacob Zuma.
Mogoeng in a statement welcomed the JSC’s assurance that it would probe the matter “without fear, favour or prejudice”.
“It has been suggested in the press that the judges of this division have remained silent through cowardice or complicity. That is emphatically not so.
“Given the procedure for investigating complaints against judges, the proper place for judges with relevant knowledge to speak is before the JCC [Judicial Conduct Committee] and any judicial conduct tribunal that may be established.
“We can assure the public that we have always adjudicated, and will always adjudicate, cases allocated to us fearlessly and with absolute impartiality.”
This week, retired Judge Johann Kriegler weighed in on the explosive complaint against Hlophe, urging the judiciary to probe a “figure who has been mired in controversy for more than a decade, IOL reported.
Kriegler argued that Goliath’s complaint had set off a “judicial time bomb” that had been ticking since Hlophe was accused of attempting to unduly influence Constitutional Court judges to favour Jacob Zuma.
He accused the JSC of failing to respond to Goliath’s complaint with the sense of urgency that was needed.
In 2008, Bess Nkabinde and Chris Jafta issued complaints against Hlophe that he allegedly tried to intervene on Zuma’s behalf.
Hlophe went on leave shortly after the claims only to return to his office.
The JSC allegedly put the brakes on the investigation into Hlophe’s alleged intervention on behalf of Zuma in 2009.
(Compiled by Gopolang Moloko)
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