CONSTITUTIONAL Court justices Bess Nkabinde and Chris Jafta have said in court papers they are not backtracking from a misconduct complaint against Western Cape Judge President John Hlophe.Earlier this month — in what was widely viewed as a dramatic U-turn that confounded the legal fraternity — the two judges told a judicial conduct tribunal, established under an amendment to the Judicial Service Commission Act, that it did not have jurisdiction to deal with their complaint.Their argument was rejected by the tribunal, and they then turned to the South Gauteng High Court, asking it to set aside the establishment of the tribunal.In their affidavits, filed on Friday, the two justices said they wanted to dispel "damaging and unhelpful perceptions" that they did not wish to testify, or were seeking to delay the resolution of the complaint.Seeking to "set the record straight", Justice Nkabinde said their concern was directed at the lawfulness of the forum set up to investigate the complai...

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