JSC must still meet and decide whether to confirm finding that Hlophe is guilty of gross misconduct

The Judicial Service Commission (JSC) was still to meet and decide whether to confirm the decision that Western Cape judge president John Hlophe was guilty of gross misconduct, its spokespersons said on Monday.

The decision of the Judicial Conduct Tribunal — announced on Saturday night — found that Hlophe had improperly sought to influence the outcome of a 2008 pending judgment at the Constitutional Court related to corruption charges against former president Jacob Zuma.

It found him guilty of gross misconduct, thus paving the way for his possible impeachment. However, this is, in terms of the constitution, is a decision for the JSC to make.

Speaking after a day of JSC interviews for the Constitutional Court, spokespersons Dali Mpofu SC and Doris Tshepe said the tribunal’s decision had not been on the agenda. But the tribunal decision would be considered by the JSC — after representations had been received by the relevant people —  in due course.

Mpofu added that only once the commission itself had made a decision on impeachable conduct, could the suspension of Hlophe be considered.

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