Hlophe sticks to his guns, claims he didn’t try influence judges
A Judicial Service Commission (JSC) tribunal hearing has heard that Western Cape Judge President John Hlophe did not try to sway two colleagues in favour of former African National Congress (ANC) president Jacob Zuma.
Hlophe testified on Tuesday before the tribunal looking into his fitness to hold office.
In 2008, the Justice Chris Jafta and Justice Bess Nkabinde alleged Hlophe approached them while the Constitutional Court was considering a corruption case involving Zuma and arms company Thint in the multi-billion-rand arms deal.
The justices regarded discussing the case with them as an attempt to improperly influence its outcome and a complaint was lodged.
Hlophe told the tribunal that there was nothing untoward about his interactions with the pair at the time.
He added his discussions with Nkabinde and Jafta were purely out of interest.
“The case in which I have absolutely no interest is a mere expression of my view. Remember I was an academic, I have a keen interest of law and jurisprudence.
“As lawyers and judges we talk about our cases every day.”
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Hlophe told evidence leaders that in 2008 he expressed his personal opinion to both justices, but these were not to influence the outcome of the apex Court on the Zuma/ Thint matter.
“Justice Jafta is a seasoned lawyer; he was a seasoned judge even at that time. In the bigger scheme of things however he was only going to be one of eleven judges, there were so many judges in the Constitutional Court that I knew.
“Justice Jafta was a relatively junior judge in that sense, he could them no be in a position to influence other judges because he had just been appointed and was acting as a judge,” he explained.
Much of the complaint against Hlophe pivots around the statement "Sesithembele kinina" he uttered to Justice Jafta in 2008.
Hlophe says he meant that he had faith in the judicial process.
“There was a common understanding between us that we have faith in the process in the Constitutional Court as an apex court; there was common understanding that I was not trying to say ‘find in favour of Zuma’ and I think that’s why there was correction of the text earlier on.
“Things changed after the meeting of 28th of May 2009. After that meeting another version, i.e ‘you are our last hope’ came about – which is clearly wrong. It is a loose interpretation. I do not understand why when there are at least five possible correct interpretation of the phase, why a wrong interpretation was chosen,” he said.
Nkabinde and Jafta have both given their testimonies before the tribunal.
Final arguments are expected to be heard on Friday.
