The media and public will be allowed to attend the hearing of Cape Judge President John Hlophe on Wednesday.

This comes after an urgent application by Avusa, Independent Newspapers, the Mail & Guardian and the Freedom of Expression Institute in the Johannesburg High Court on Tuesday.

These media houses, along with Media 24 and the Centre of Applied Legal Studies who added their applications on Tuesday, asked the court to rule that Hlophe's hearing be heard in public.

Hlophe was accused of attempting to influence two Constitutional Court judges in a case regarding Jacob Zuma's alleged involvement in the arms deal scandal.

The Judicial Services Commission (JSC) decided on Saturday that the hearing would be held in the Hilton Hotel in Johannesburg on Wednesday, and would not be open for the public or the media.

Judge Nagel Willis ruled in Tuesday night, however, that the public and media be allowed in the hearing and that electronic media be allowed to set up their equipment to broadcast the proceedings.

Hlophe originally opposed e-tv's application but his legal representative, Advocate Vuyani Ngalwana said he withdrew it before Tuesday's proceedings.

Ngalwana said Hlophe indicated in a letter to the JSC that he did not want to have the hearings in the open, but on Tuesday submitted that he would abide by the court's decision.

None of the justices of the Constitutional Court opposed the media's applications to hold the hearings in public.

An important right

Speaking on behalf of all applicants, Advocate Paul Kennedy said an open hearing was a fundamental right and the JSC's own rules determined that unless they can show good cause, the public should be allowed in their proceedings.

He said the case was of huge public interest.

"It is allegations of a most serious nature against a Judge president brought by Constitutional Court judges in a matter regarding Jacob Zuma," he said.

Advocate Vincent Maleka for the JSC said the Constitution determined that the JCS may decide its own rules.

According to its rules, the JSC had the right to allow or deny access to their proceedings.

In giving reasons for the JSC's decision, he said the JSC's role was to protect the dignity and stature of the offices of the chief justice, deputy chief justice and judge president who would have to give evidence in the hearing.

Maleka said the public's right to information would not be compromised.

"The public's right to know what happened in the proceedings will not be taken away. What will be taken away is that evidence required to make a decision," he said.

Judge Willis said in his judgment that the JSC set its own standards in its rules by saying its proceedings would be open to the press and the public unless there were good cause to exclude them.

He said the offices of the chief justice, deputy chief justice and judge president would be enhanced if the hearings were to be held in open, as it would only create an environment for speculation should it be held behind closed doors.

Sapa

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