Hlophe likely to recuse himself from JSC interviews for judge president, says watchdog

Impeached judge John Hlophe is likely to have to recuse himself from the Judicial Service Commission (JSC) hearings for the Western Cape judge president position, as his former deputy, Patricia Goliath, was announced as a candidate.

Goliath has accused Hlophe of numerous transgressions when he was her boss, while he accused her of incompetence, lying and racism.

Goliath’s candidacy was confirmed after a JSC announcement on Monday evening confirming the shortlist for various judicial vacancies at its October hearings.

The JSC interviews and recommends candidates for judicial appointment, and also deals with complaints about judges. The commission comprises 23 representatives, including the chief justice, lawyers, the justice minister and MPs.

October’s hearings will be the first time new MPs on the JSC will sit in hearings since the national elections. They include Hlophe, the MK party’s parliamentary leader, who was nominated by parliament to sit on the JSC despite MPs voting for his removal as judge president in February.

The February vote came after the JSC found Hlophe guilty of gross misconduct for seeking to influence Constitutional Court judges in corruption matters involving former president Jacob Zuma.

Hlophe has sat on the JSC during his time as judge president of the Western Cape High Court — a position that is now vacant.

“The likelihood is he won’t sit in any of the [Western Cape] judge president interviews,” Mbekezeli Benjamin for judicial watchdog, Judges Matter, told Business Day. “Particularly for Goliath.”

Goliath laid a complaint with the JSC against Hlophe in 2020, listing a number of transgressions, including that he had assaulted a colleague, judge Mushtak Parker and undermined her.

“It would be strange ... for [Hlophe] to sit on ... interviews to choose his successor,” Benjamin said. Hlophe has “a history” with all the candidates for the judge president position: judges Andre Le Grange, Penelope Mabindla-Boqwana, Pearl Mantame, Owen Potgieter, Hayley Slingers and Mafeleu Thulare.

Hlophe may be prevented from sitting on the coming JSC hearings entirely as a result of pending litigation. Various groups, including the DA, Freedom Under Law (FUL), and AfriForum have launched urgent court bids to overturn Hlophe’s nomination to the JSC.

In court papers filed last week, the DA’s Helen Zille said it “undermines the role of the JSC [to allow for] Dr Hlophe to sit on the very body that found him guilty of gross misconduct.” FUL argued parliament’s decision to nominate him was “irrational” and should be overturned.

The DA and FUL’s matters are likely to be heard in September in the Western Cape High Court.

Besides the Western Cape bench, the JSC initially announced it would not be interviewing anyone for the vacant seat at the Constitutional Court. However, on Tuesday afternoon, the JSC said it would seek applications by the end of August. A shortlist for the apex court will be announced before October.

The JSC will also interview for vacancies at the Supreme Court of Appeal, the land court and labour court.

moosat@businesslive.co.za