Another court challenge to the Judicial Service Commission (JSC) hearing against Cape Judge President John Hlophe is expected to be heard in the South Gauteng High Court on Tuesday.

"The matter is set down," Hlophe's attorney Barnabas Xulu said on Monday.

He said the court was expected to convene at 2pm on Tuesday to hear an urgent application for an interdict against the proceedings.

Hlophe believed the JSC was not properly constituted and he would therefore not participate in "unlawful proceedings". He also thought the proceedings were void because former justice minister Enver Surty had recused himself.

Last week Thursday, lawyers for Hlophe filed papers in the court asking for an interdict and a review of proceedings.

Xulu said the JSC had since requested certain documents which they had been provided with.

He said Surty's attorneys had also been in contact with him, but he was not sure if they would be in court.

This was because with the Cabinet change-over they needed to consult the new Justice Minister Jeff Radebe about the matter.

Xulu said Hlophe had not kept to a deadline that expired last Friday to make submissions to the JSC, because he did not see the proceedings as lawful. According to Xulu the JSC then said it would discuss his decision not to do so at its next meeting on 16 May.

Hlophe was put on special leave after he was accused by Constitutional Court judges of allegedly trying to influence their decision on a matter involving President Jacob Zuma.

The judges lodged a complaint with the JSC. Its hearings went ahead without him last month after he said he had flu.

The JSC was also to have heard a counter-complaint from Hlophe. He felt the Constitutional Court had been unfair in making their complaint about him public.

The commission had tried unsuccessfully to negotiate for Hlophe to participate in the hearings via a video link, to allow him to follow proceedings and instruct his lawyers. His lawyers however felt it was wrong to go ahead while he was sick and withdrew.