Hlophe was put on special leave last year after he was accused of allegedly trying to influence a Constitutional Court decision on a matter involving President Jacob Zuma.
The judges lodged a complaint with the JSC. Its hearings went ahead without Hlophe last month after he said he had flu.
Hlophe believed the JSC was not properly constituted for this hearing.
He had also been booked off sick and could not be present.
Tuesday's court bid was due to begin at 2pm but did not start on time.
Got something to say? 

