The Judicial Services Commission (JSC) is expected to start hearing complaints of judicial misconduct against Cape Judge President John Hlophe and the judges of the Constitutional Court in Johannesburg on Wednesday.

JSC spokesman Marumo Moerane said the JSC would be probing two complaints ? one by the judges of the Constitutional Court against Hlophe and another by Hlophe against the judges of the Constitutional Court.

"What we have to ascertain, is if whether or not there is a case of judicial misconduct," said Moerane.

The hearings will be open to the media and public after several media houses and the Freedom of Expression Institute (FXI) won a high court ruling on Tuesday evening.

The high court ruled in favour of Avusa, Independent Newspapers, the Mail & Guardian, the FXI, Media 24 and the Centre for Applied Legal Studies who appealed against a JSC decision that the hearings would be closed to the public and the media.

Moerane told SABC radio he had no knowledge of reports that Hlophe's lawyers intended to apply for a postponement on Wednesday.

"Well, I don't know about that. We intend proceeding with the matter today [Wednesday]," said Moerane.

SABC reported on Wednesday morning that Hlophe's lawyer had confirmed he would apply to the Constitutional Court for leave to appeal against a Supreme Court of Appeal (SCA) ruling against him on Tuesday.

A panel of nine judges of the SCA ruled that the judges of the Constitutional Court did not act unlawfully when they made a complaint against Hlophe public without first affording him an opportunity to be heard.

The case relates to a complaint of judicial misconduct laid by the Constitutional Court judges against Hlophe with the JSC on May 30, 2008.

The judges said Hlophe allegedly made what they regarded as inappropriate approaches to some Constitutional Court judges about a pending judgment on African National Congress president Jacob Zuma, who was facing graft charges related to a government arms deal.

Asked whether the pending application for leave to appeal to the Constitutional Court would not have an impact on the JSC hearings, Moerane replied: "As they say, we'll cross that bridge when we get to it."

He described the Hlophe case, which has involved at least 28 judges, as unprecedented.

"In my experience, it's the first time that a couple of judges complain against one judge president and he in turn also complains about their alleged conduct," said Moerane.

"In my experience, it has never happened before."