The commission s failure to do the right thing is a serious setback to efforts to boost the authority of the courts following their abuse during the apartheid era. How does the JSC expect members of the public to have confidence in the impartiality of the judiciary when it excuses conduct such as Hlophe s? Do as we say, not as we do, is simply unacceptable with such an important institution.
There is a statutory requirement that judges obtain formal consent before taking on outside work, and it is patently clear that Hlophe failed to do this. That he claimed to have obtained verbal permission from conveniently deceased former justice minister Dullah Omar -- despite the fact that the transactions took place more than a year after Omar had relinquished the position -- should have been seen as an aggravation that made impeachment the unavoidable sanction. Hlophe s ability to serve as Cape judge president was compromised before the Oasis saga by a series of well publicised incidents, all of which screamed that he was unsuited to sit on the bench, let alone assume the responsibilities of judicial leadership.
If he had any vestige of honour or pride he would step down forthwith.
News RSS