THE Judicial Service Commission (JSC) on Monday responded to the unprecedented application to the Constitutional Court — by two of its justices — to reverse its own order, saying the court had no duty to hear argument on whether to grant leave to appeal.The court’s order in May — which judges Bess Nkabinde and Chris Jafta called "erroneous" and "unfair" — was expected to put an end to a case the two had steadfastly pursued since 2013, in which they challenged the lawfulness of a judicial tribunal set up to investigate gross misconduct claims against Western Cape Judge President John Hlophe.But Jafta and Nkabinde asked for the earlier order to be rescinded. The recision application has resulted in all disciplinary tribunals investigating potentially impeachable conduct by judges being delayed.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 impro...
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