Justices apply for ‘a fair hearing’ from top court on Hlophe tribunal challenge
CONSTITUTIONAL Court Justices Bess Nkabinde and Chris Jafta have said in court papers that the Constitutional Court — their very own court — had breached their right to equal protection and benefit of the law.In an unprecedented case, the two justices have applied for an order of the Constitutional Court to be reversed, saying it was made "in error".The case has its roots on the ongoing "Hlophe saga". In 2008 a complaint of gross misconduct was made to the Judicial Service Commission (JSC) against Western Cape Judge President John Hlophe by all the then justices of the Constitutional Court, including Jafta and Nkabinde.They alleged that Hlophe had improperly tried to influence the outcome of judgments connected to corruption charges against President Jacob Zuma.After several stops and starts and intervening litigation, Jafta and Nkabinde were supposed to be the key witnesses against Hlophe at a tribunal. Instead, they challenged its lawfulness.Their arguments that the tribunal was u...
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