President Robert Mugabe called for the lifting of "illegally imposed sanctions" on his
regime.
Hlophe wins case
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Sat, 27 Sep 2008 07:55
The Johannesburg High Court has granted an application by Cape Judge
President John Hlophe against the judges of the Constitutional Court,
the SABC reported on Friday.
It ruled that the Constitutional Court judges violated Hlophe's
rights when they made public statements about his alleged interference
in the case against ANC leader Jacob Zuma.
The high court found that the Constitutional Court's lodging of a
complaint with the Judicial Service Commission (JSC) also violated
Hlophe's rights.
A full bench of the Witwatersrand local division heard his arguments
in August with five judges presiding.
He applied for an order to have action by the Constitutional Court
against him declared unlawful.
Hlophe challenged the Constitutional Court's announcement, in a
media release in June, that he was under investigation for trying to
unduly influence judges.
He said the court abused his rights when it made the matter
public.
The Constitutional Court's judges claimed Hlophe tried to improperly
influence judge Bess Nkabinde and acting judge Chris Jafta in their
decisions on the legality of search and seizure raids in Zuma's
corruption case.
JSC spokesman Marumo Moerane said on Friday he was unable to comment
at this stage on what effect the ruling might have on the complaint
before the JSC.
"I'm not in a position to comment because I've not seen the
judgment, I've not read it. It really depends on what it says. I don't
want to speculate," Moerane said.
Hlophe was not answering his cellphone, and his lawyer Lister Nuku
said he had not been able to contact him either.
Nuku said he was unable to comment on the implications of the
judgement because he had not yet seen a copy of it.
The Inkatha Freedom Party said the court ruling pointed to "a
serious judicial crisis in our land.
"The five High Court judges in fact rebuked ten
Constitutional Court
judges for lack of judicial and judgement abilities.
"The judgement casts a dark cloud of suspicion over the competence
of the Concourt judges."
Hlophe is still on the long leave he was granted in June this year,
when the Constitutional Court controversy arose.
He has spent the past three years fending off various complaints to
the JSC, including one of moonlighting for a company without the
necessary permission, and another of granting that firm permission to
sue a judge in his court for defamation.
A divided JSC ruled last year that there was not sufficient evidence
to warrant an impeachment inquiry against him.