The Judicial Service Commission hearing into a misconduct complaint against Cape Judge President John Hlophe will continue despite his lawyers withdrawing, it ruled on Tuesday.

But while the JSC commissioners were confidentially discussing the decision, it was discovered that the conversation was being taped illegally, committee chair Judge Lex Mpati said.

"Whilst we were having a private session of the commission, our discussions, it seems, have been taped. The tape recorder, it appears, was linked to a laptop computer. We don?t know how far our discussions, which [were] supposed to have been private, had gone. I think we need to mention too that those discussions were privileged and confidential," said Mpati.

The commission then called its first witness, Chief Justice Pius Langa.

The JSC is investigating a complaint by the judges of the Constitutional Court that Hlophe allegedly tried to interfere in a judgment related to African National Congress leader Jacob Zuma's corruption case.

Hlophe has in turn complained that the judges violated his rights by announcing the allegations against him in the media without giving him an opportunity to respond.

Hlophe's lawyer Vuyani Ngalwana had asked for another postponement saying Hlophe had not yet recovered from a bout of flu, but this was turned down.

Ngalwana then said they would withdraw from the case.