Hlophe insists he did nothing wrong

It’s been 11 years since Western Cape Judge President John Hlophe first took the stand to answer to allegations he tried to influence two Constitutional Court justices in an appeal involving former president Jacob Zuma, but the jurist is as vehement as ever he did nothing wrong.

“I could never have spoken about a case arising out of one of my own. But in a case in which I had absolutely no interest, it was just an expression of my view,” Hlophe said on Tuesday at the judicial conduct tribunal probing the allegations.

The allegations date back to 2008 and were the subject of a tribunal in 2009. But the decision the Judicial Services Commission took on the tribunal – to dismiss the allegations – was overruled in court and a new tribunal ordered.

The new tribunal started this week and Hlophe cut a cool, calm and collected figure when he took the stand on Tuesday.

He is said to have approached justices Chris Jafta, then acting on the apex court’s bench, and Bess Nkabinde, now retired, in 2008.

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At the time, the Constitutional Court was dealing with a case involving Zuma’s prosecution over the arms deal.

Hlophe allegedly told Jafta and Nkabinde that the Supreme Court of Appeal, which had found against Zuma, had got it wrong and tried to discuss attorney-client privilege with Nkabinde.

Hlophe on Tuesday admitted to having had these conversations but stood his ground, saying there was “no law” prohibiting discussing matters with judges.

Jafta and Nkabinde also went into the witness box yesterday but neither painted a compelling picture of the case against Hlophe.

Under cross-examination from Courtenay Griffiths, for Hlophe, Jafta said on Tuesday: “What was a concern to me was the impact the process would have on the judiciary.”

Nkabinde, too, said initially she had no intentions of laying a complaint. She did, however, believe Hlophe had been trying to “influence” her.

“Judge President Hlophe was attempting to influence the decision,” Nkabinde said on Tuesday. “But he did not influence me, I snapped and immediately rebuffed.”

Proceedings will resume on Friday.

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