CONSTITUTIONAL Court justices Bess Nkabinde and Chris Jafta have applied to their own court to reopen a case they are litigating, after it had refused them leave to appeal, a move likely to confound the legal community.The court’s order — which Jafta and Nkabinde called "erroneous" and "unfair" — was expected to be the end of a case the two had doggedly pursued since 2013, in which they challenged the lawfulness of a judicial conduct tribunal set up to investigate gross misconduct allegations against Western Cape Judge President John Hlophe.They have asked for the earlier order to be rescinded, which is highly unusual at the highest court and unheard of from the court’s own judges. Their latest application will mean that all disciplinary tribunals will be delayed yet again.The case has its roots in a 2008 complaint of gross misconduct against Hlophe by all the then justices of the Constitutional Court, including Jafta and Nkabinde.They alleged that Hlophe had improperly tried to inf...
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