1
June 2009
19006/09
[2009] ZAGPJHC 19
Hlophe v Judicial Service Commission and Others
1
June 2009
Why
Hlophe's application should've been dismissed : Willis J
Minority judgment in case of Hlophe vs the JSC, June 1
2009. - Politicsweb
website
15
May 2009
Supplementary
founding affidavit of Western Cape JP in case against Judicial
Services Commission
Hlophe v Judicial Services Commission
Politicsweb
website
Hlophe files court papers over JSC matter - 7 May
Lawyers for Cape Judge President John Hlophe filed papers on
Thursday in another court challenge to the Judicial Service
Commission (JSC) hearing that went ahead without him in April.
"Our view is that our client is not going to participate in
unlawful proceedings. The JSC is not properly constituted," said
Hlophe's attorney Barnabas Xulu. He said papers were filed in
the South Gauteng court for an urgent interdict to declare the
JSC hearing as not properly constituted because Justice Minister
Enver Surty had recused himself. Hlophe also wanted to explore a
view that emanated from a commissioner that the hearings were
politically motivated, and believed his rights were infringed
when the hearing went ahead without him. -
IOL
website
Hlophe goes all-out for top job - 8 May
Western Cape Judge President John Hlophe is taking no chances in
his bid to remain a judge and to be promoted to the
Constitutional Court by newly-elected President Jacob Zuma. On
Thursday he went to the Johannesburg High Court to declare an
impeachment inquiry by the Judicial Service Commission (JSC)
against him unlawful and also wants the court to ultimately
review, correct and set aside the commission's proceedings. But
the judge president, who is already on lengthy special leave,
went a step further for good measure. He specifically asked the
court to interdict the JSC from, among other things, sneaking in
a recommendation to outgoing President Kgalema Motlanthe to
suspend him from performing his duties as a judge. -
IOL
website
Hlophe inquiry in turmoil - 10 May
Lawyers for embattled Western Cape Judge President John Hlophe
will argue not only that the Judicial Service Commission (JSC)
is biased against their client but that its inquiry is illegally
constituted. Seeking an interdict against the inquiry, Hlophe's
team will use an opinion the JSC itself commissioned on who must
be present at its hearings. -
Mail & Guardian
website
Fresh Hlophe battle begins - 11 May
Cape Judge President John Hlophe and the judges of the
Constitutional Court were set to go head to head in a fresh
court battle on Tuesday, this time with the Judicial Service
Commission which has been drawn into their dispute as a
respondent. Judge Hlophe's application to have the commission's
inquiry into allegations of gross misconduct against him
interdicted, was set to be heard in the South Gauteng High Court
this afternoon. -
Cape
Times
website
Battle of the judges interdict sought today - 12 May
According to a report in Business Day, the JSC and the judges of
the Constitutional Court are to oppose Western Cape Judge
President John Hlophe's application for an urgent interdict to
stop the JSC from proceeding with its hearing into a complaint
against him. The parties will appear in the North Gauteng High
Court today. -
Legalbrief
website
Judge
President Hlophe's bid against JSC
postponed - 13 May
Cape Judge President John Hlophe's bid
to challenge the Judicial Service Commission's
(JSC) proceedings against him was postponed by the Johannesburg
High Court yesterday to May 18 so that further papers could be
filed. -
Dispatch Online
website
Hlophe inquiry 'political'
- 13 May
Cape
Judge President John Hlophe believes it was not "mere
coincidence" that he was asked to reply to the Judicial Service
Commission a day before President Jacob Zuma was inaugurated. In
papers filed in the high court in Johannesburg, Hlophe said the
JSC's impeachment proceedings against him had more to do with
politics than public interest and justice. In court yesterday,
Hlophe's advocate, Vuyani Ngalwana, said the parties agreed to
postpone the matter to May18 on condition that the j ustice
minister filed his response by May 14. Hlophe would respond the
next day. -
The Times
website
Hlophe's political bias claims disputed by JSC - 15
May
The JSC has disputed Western Cape Judge President John Hlophe's
allegation - and commissioner Mvuseni Ngubane's version of what
transpired during confidential deliberations at the hearings -
that the commission was motivated by political considerations
when it refused to postpone its hearing into a complaint against
him last month. -
Legalbrief
website
Settle matter, Hlophe, JSC told
- 18 May 2009
Cape Judge President John Hlophe and the Judicial Service
Commission were urged by the High Court in Johannesburg to forge
a settlement before judgment on their dispute is handed down.
Presiding judge Nigel Willis said during Monday's hearing
: "We don't want to get our hands dirty". He was
questioning counsel for the JSC and Hlophe on whether the court
should get involved in the complaint proceedings against the
judge before they had been concluded. -
News24
website
Judgment reserved in Hlophe hearing
- 18 May
The High Court in Johannesburg reserved judgment on Monday on a
bid by Cape Judge President John Hlophe to stop a Judicial
Service Commission hearing against him. -
IOL
website
Defiant Hlophe stands firm in judges row
- 19 May
Western Cape Judge President John Hlophe has vowed not to
"bow out" of
his row with the Constitutional Court judges, saying he has done
nothing wrong. Hlophe said the real question in the dispute was
where to draw the line between what was proper and improper
judicial conduct. He said what had actually happened in the
meetings between him and judges Bess Nkabinde and Chris Jafta
was "by and large, common cause".
"Where we differ is a question of
interpretation. They are saying my intention was to improperly
influence them. I'm saying
: far from it".
Hlophe said judges discussed cases every day. -
Business Day website
Hlophe may lead his own case -
21 May
The Judicial Service Commission (JSC) has offered to let Cape
Judge President John Hlophe lead his own case in the
long-running disciplinary investigation against him, his lawyer
said on Thursday. Barnabas Xulu told Sapa the JSC approached him
on Wednesday with a written offer allowing Hlophe to lead his
own case, cross-examine witnesses, call witnesses and make
submissions. Hlophe and the JSC had been urged by the high court
in Johannesburg to forge a settlement and fax it to presiding
Judge Nigel Willis by Friday. -
News24 website
Hlophe wants clarity - 22 May
The Judicial Service Commission (JSC) needs to clarify its
"contradictory" statements before Cape Judge President John
Hlophe can accept its offer, said his lawyer on Friday. Barnabas
Xulu told Sapa that on Friday he submitted an affidavit to the
high court in Johannesburg stating he was waiting for the JSC to
give him clarity on its offer. -
News24 website
Hlophe to hear judgment - 1
June
Judge John Hlophe will know on Monday morning if the Judicial
Service Commission (JSC) will be allowed to make a finding about
whether he tried to interfere in Constitutional Court cases
relating to President Jacob Zuma. The South Gauteng High Court
will hand down judgment in the Western Cape Judge President's
application against the JSC. -
iafrica website
JSC
ordered to start Hlophe case afresh - 2 June
Western Cape Judge President John Hlophe got more than he asked
for from the South Gauteng High Court in Johannesburg yesterday
when the court ordered the Judicial Service Commission (JSC) to
start afresh with hearing evidence in a complaint against him.
What Hlophe wanted was a declaratory order and to put the JSC
proceedings temporarily on hold. Instead, the court made a
finding on one of his complaints and set aside the process
finally. Hlophe got less than he asked for as Tsoka's order only
invalidated the JSC's process on April 7 and 8, and not "ab
initio" (from the start), as Hlophe had asked. Nigel
Willis, in his minority judgment, even said that the majority
order might be bad for Hlophe as it would deprive him of his
opportunity to argue that in the April hearing, "an
irreversible wrong was perpetrated against him". But Tsoka
distinguished between the unreasonable postponement refusal and
Hlophe's other arguments, saying these could still be brought at
the JSC. By implication, this would mean the other arguments
could still form the basis for a review application by Hlophe at
a later stage. - The
Times website
Hlophe
eager to clear his name at JSC - 2 June
Cape Judge President John Hlophe is eager to go before the
Judicial Service Commission (JSC) to clear his name, according
to his ally, Paul Ngobeni. Ngobeni, deputy registrar for legal
services at UCT, told the Cape Argus that there was, however,
still concern that the commission was not properly constituted
and that Judge Hlophe would ask for the recusal of the current
commissioners sitting on the complaints committee. - The
Star website
JSC
to study Hlophe judgment - 2 June
The Judicial Service Commission (JSC) will study a judgment
which set aside its hearings into Cape Judge President John
Hlophe's misconduct complaint before deciding what to do, a
spokesperson said on Tuesday. "Our committee consists of 11
people and each one would have to take part in the decision as
to the way forward," Marumo Moerane said. The JSC could
choose to accept the majority ruling and start proceedings from
scratch, or it could take the matter to the Supreme Court of
Appeals (SCA), or do both, he said. - The
Star website
See also :
South Africa. Judicial Service
Commission. Judge Hlophe
26 May 2009
2007/19277
[2009] ZAGPJHC 18
Makhuvela obo Hempe v Road Accident Fund
19 May 2009
5/8355/2008 [2009] ZAGPJHC 16
S v Kwinana
13 May 2009
12335/08 [2009] ZAGPJHC 15
Gold Reef Resorts Limited v Matlala and Others
6 May 2009
17189/08 [2009] ZAGPJHC 13
K v K
4 May 2009
23380/07 [2009] ZAGPJHC 11
Stewart and Another v Point 2 Point Same Day Express CC and
Another
24 April 2009
7002/04 [2009] ZAGPJHC 9
Minister of Safety and Security v Howard
Richter murder accused deny confessing - 5 May
Heia Safari ranch owner Franz Richter's widow and murder accused
Celiwe Mbokazi allegedly implicated herself in the murder two days
after her arrest, the Johannesburg High Court has heard. Mbokazi
and her co-accused, Dumisani Xulu, on Tuesday challenged the
State's version that they had made a confession to Director Piet
Byleveld about their roles in the murder and robbery of Richter on
November 28, 2007. Mbokazi also denied making a confession to the
investigating officer, Inspector Abram Joubert, on her arrest at
her home. Mbokazi and Xulu claimed that they were assaulted, and
then forced to sign papers. -
IOL
website
Man's 10-year divorce ordeal - 10
May
A Johannesburg businessman's 10-year
battle to divorce his mentally ill wife and get custody of their
son is finally over.
Two weeks ago the South Gauteng High Court in
Johannesburg finally granted him the divorce, and custody of his
only child, now 17 years old.
The nightmare began in 1999 when his wife became
mentally ill while the couple were living in Maryland, US. Their
marriage started falling apart and he suggested they return to
their home country, South Africa, so she could get treatment and
support from her family. An independent psychologist, who was
asked to prepare a report for the court in 2005, found that the
businessman's wife was having
psychotic-paranoid episodes where she "firmly
believed that the teachers at her son's
school wish to at least harm her, if not kill her"
and she wanted to "take revenge"
on them and the pupils who attended the private school in Sandton.
It was only after a curator was appointed to handle the divorce
for his wife, that a R1-million settlement was finally reached,
two weeks ago. -
The Times
website
Anti-poverty fund helps run 'pensions
plunderer' - 10 May
An anti-poverty fund backed by Douglas Alexander, the
international development secretary, is a key investor in a firm
accused of plundering the pensions of thousands of African
workers. It is one of the biggest stakeholders in Alexander
Forbes, a South African pensions firm which is in court this week
over its alleged theft of some of the pensions of car workers and
other factory workers. Some of the alleged victims have died
without getting redress, and there is growing anger in South
Africa that the firm is refusing to pay back tens of millions of
pounds that was allegedly pilfered in the 1990s. Two
representatives of Actis, a private equity fund backed by the
Department for International Development (DFID) sit on the company's
board. DFID uses Actis to try to alleviate poverty in the
developing world through investments in what it describes as
ethically sound companies. Experts are baffled that it was allowed
to lead a takeover of a firm allegedly involved in one of South
Africa's biggest white-collar crimes. -
Times Online
website
Cops falsely accused to get R2.25m - 13 May
In one of the highest payouts by the police in an unlawful arrest
damages claim, the SAPS on Tuesday agreed to pay a total of
R2,25-million in damages to three top cops who were falsely
implicated in a R14-million diamond robbery three years ago.
Pretoria High Court deputy Judge President Jerry Shongwe made on
Tuesday's agreement an order of court. In terms of the settlement,
Inspector Herbert Makgatho, formerly of the Johannesburg
anti-hijacking unit, Inspector Jabulani Mnisi, and Sergeant Samuel
Bopape (both formerly stationed in Sandton) will each receive R750
000 in damages. -
IOL
website
Swiss
battle being fought in SA court - 17 May
A Swiss businessman is fighting back after being slapped with a
civil judgment for allegedly spending R2.5-million of his
company’s money on air tickets, furniture and meals at local
restaurants.
Dominique Denat claims that the local company Bioswiss Industries
- which obtained the default judgment against him - was involved
in a payback vendetta after he decided to sue a business partner
in Switzerland.
In a bid to clear his name, Denat is now asking the South Gauteng
High Court in Johannesburg to overturn its earlier decision in
favour of Bioswiss, which exports organic vegetables to the US,
Britain and France. - The
Times website
GMSA faces court bid to halt layoffs
- 27 May
With job losses approaching 2000, the National Union of
Metalworkers of SA (Numsa) is threatening to take General Motors
SA (GMSA) to the Johannesburg High Court to stop the car maker
from shedding more jobs. The union applied for an interdict in the
Labour Court in the Eastern Cape yesterday in a bid to block GMSA
from proceeding with its retrenchment plan. -
allAfrica
website
See
also :
GM
enters bankruptcy protection - 1 June
Car giant General Motors (GM) has filed for bankruptcy protection,
marking the biggest failure of an industrial company in US
history. The widely expected move comes after GM had seen its
losses widen following a steep fall in sales in recent years. - BBC
News website
GMSA
in the clear - 2 June
General Motors South Africa (GMSA) said on Monday that it was not
affected by the latest developments in the US with General Motors
Corporation. General Motors earlier on Monday announced that it
would continue the rebuilding of its US operations under a court
supervised process. This is a progressive step which will position
the company to succeed in an increasingly competitive and
challenging US automotive industry. - Business
Report website
Selebi Case
Postponement 'angers' Selebi - 4 April
National police commissioner Jackie Selebi's corruption trial was
postponed to October 5 in the High Court in Johannesburg on
Monday. This followed the State's application for a further
postponement to get witnesses' statements and conduct further
investigations. Selebi, who had not been charged yet, said he was
angry about the postponement. -
IOL
website
Secret info delays Selebi trial - 5
May
Declassified undercover police communications interceptions
- crucial to the trial of suspended
national police commissioner Jackie Selebi -
have led to a further delay of his corruption case. Scorpions
prosecutor Advocate Gerrie Nel yesterday also told the South
Gauteng High Court in Johannesburg that Selebi had been privy to
declassified top secret information, including tapped phone
conversations and electronic communication resulting from a 2007
undercover SAPS operation.
But, Nel testified, the Scorpions have still not been
granted access to this information. -
The Times
website