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Hlophe demands R10m
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Sat, 11 Oct 2008 15:26
Cape Judge President John Hlophe wants R10-million in damages from
the Constitutional Court, the Saturday Star and Weekender newspapers
reported.
The Constitutional Court judges are accused of damaging Hlophe's
"dignity and reputation" in an unprecedented letter of demand sent by
Hlophe's lawyers to Chief Justice Pius Langa.
In May, the Constitutional Court judges laid a complaint with the
Judicial Services Commission and released a public statement charging
that Hlophe allegedly tried to improperly influence Judge Bess Nkabinde
and Acting Judge Chris Jafta in a case related to corruption charges
against Zuma.
Last month Hlophe won a Johannesburg High court case against the
Constitutional Court judges when Judge Phineas Mojapelo ruled that the
Concourt had infringed on Hlophe's dignity by making the public
complaint about his alleged interference.
On Friday, the Constitutional Court filed leave to appeal the
Johannesburg High Court ruling.
The letter was part of the addendum to
their appeal.
Hlophe's lawyer Lister Nuku says in the letter that the
constitutional court judges "made untested allegations of gross
judicial misconduct against [Hlophe]."
The letter says their media statement was "deliberate, and aimed at
injuring [Hlophe's] personality rights, thus forcing him to resign from
his position as a judge".
"Without conveying the factual basis for such damaging allegations,
it is the only reasonable conclusion that the Constitutional Court
judges were deliberately negligent and leveraged on their judicial
status to mobilise vicious and vindictive public views against [Hlophe]
with the sole aim of forcing him to resign from his position as a
judge."
The letter also says that as a result of the publication of the
media statement, Hlophe "is associated with corruption, judicial
indiscipline, scandals and lack of judgement and discernment. The
damage to [his] reputation...is
extensive and deep".
In the letter Hlophe says summons will be issued against the
Constitutional Court judges if they refuse or neglect to pay the R10m
within 30 days.
The letter was sent on 26 September, the same day the
Johannesburg High Court made its ruling.
On Saturday, defamation expert Dario Milo told The Weekender the
amount of money claimed was entirely inconsistent with existing legal
precedents.
"Courts are reluctant to award more than R100 00 — even for the most
serious of defamations...If the merits favour his case the most judge
Hlophe would get based on existing precedents is R500 000."
On Friday, in their appeal application papers, the Concourt's judges
argued that the Johannesburg High Court's finding was not justified in
law and was contradictory.
The Constitutional Court stands by its claim that Hlophe had
attempted to improperly influence certain judges and said it was
necessary to make this public to
safeguard the independence of the
judiciary.
The court's complaint is still to be heard by the JSC to whom it had
sent a letter of complaint.
Hlophe 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.