Durban — Former Constitutional Court justice Johann Kriegler has been slammed by law expert Professor Isaac Shai following the Judicial Conduct Committee’s (JCC’s) ruling that Justice Kriegler was guilty of breaching the profession’s Code of Judicial Conduct by claiming that the head of the Western Cape High Court division, Judge President (JP) John Hlophe, was “unfit to be a judge”.
Speaking to the Daily News on Monday, Shai said the accusations were made on the eve of the Judicial Service Commission (JSC) sitting to deliberate on the suspension of Judge Hlophe.
“It was not the first time that Kriegler made outlandish remarks against Hlophe. He has previously called Hlophe JP a criminal and many other sordid names. The same Kriegler has previously challenged the transformation of the judiciary as being enforced at the expense of competence. The question that black people ought to urgently ask themselves is whose interests is Kriegler representing.
“When Kriegler attacks transformation, when he boldly equates transformation with the lowering of standards, and when he attacks black legal practitioners and black judges, who is he representing? Is Kriegler not representing a complex of white power that is now accustomed to using lawyering as a tool to entrench the status quo?” said Shai.
Freedom Under Law chairperson Justice Kriegler had not replied to questions sent to him by the publication on Sunday and again on Monday.
In a ruling on Friday last week, the JCC ordered Justice Kriegler to retract his remarks following a misconduct complaint made by advocate Vuyani Ngalwana, a member of the Pan African Bar Association of SA. Ngalwana had contended that Justice Kriegler had breached the Code of Judicial Conduct and provisions of the JSC.
On Monday last week, the JSC issued a media statement recommending that Judge Hlophe be suspended by President Cyril Ramaphosa.The recommendation was made after Judge Hlophe was found guilty of gross misconduct after he had allegedly attempted to influence the outcome of former president Jacob Zuma’s corruption charges in 2008.
The judicial tribunal’s report stated that Judge Hlophe breached sections of the Constitution when he allegedly tried to influence two justices of the Constitutional Court to rule in a particular manner in a pending judgment between Zuma and the National Prosecuting Authority.
Law expert Dr Paul Ngobeni said: “Frankly, the president is being evasive and non-committal here. The merits of the JSC findings regarding JP Hlophe are currently being considered by the SCA. The Constitution does not envisage a suspension where the JSC'S decision is being challenged in court under these circumstances.”
Responding to further enquiries on the new developments, the JSC’s spokesperson, advocate Sesi Baloyi said: “No comment. The matter is now with the president to deal with as he determines.”
On the JSC’s recommendation to suspend Judge Hlophe, political analyst Dr Metji Makgoba said it was important to know that Judge Hlophe was one of the most progressive judges in the country who has been pushing for transformation.
Daily News