Lawyers for Cape Judge President John Hlophe rejected an offer by the Judicial Service Commission (JSC) that he be allowed to submit argument and cross-examine witnesses.

This came after the JSC's lawyer Vincent Maleka said the commission made the offer without any strings attached.

Maleka told the High Court in Johannesburg they were prepared to start proceedings on the basis that Hlophe would have the right to cross-examine all the witnesses who have already testified and he can testify and lead evidence.

The commission did not want to start from the beginning because witnesses had already testified under oath and it was undesirable to get them to testify again.

"No, we have taken instruction... it is totally unacceptable, unequivocal," replied Hlophe's counsel Vuyani Ngalwana.

Ngalwana was applying to the court for an interdict to stop the JSC's proceedings against Hlophe, accused by the Constitutional Court judges of allegedly trying to interfere in a judgment relating to President Jacob Zuma. If the JSC finds against him, he could lose his job.

Ngalwana also told the court that Hlophe believes the JSC committee formed to hear the complaint laid by the judges, was not properly constituted because then justice minister Enver Surty recused himself because he had been trying to broker a solution in the Hlophe matter.

Ngalwana said Surty did not take up the option of sending an alternate to deal with the matter.

They also reportedly ignored legal opinion that the committee was not properly constituted without Surty.

Ngalwana said Hlophe believed Surty was among the members of the JSC who was biased against him.

However, he said the matter could go ahead with a "reconstituted JSC".

But, later Hlophe's co-council Thabani Masuku said if they were "going for broke" they would want the hearings against Hlophe stopped completely and not heard by anyone else.

He said the JSC's alleged behaviour was undermining the judiciary and not protecting judicial independence.

"There is an absolutely compelling case for the applicant that he will not get a fair hearing."

He said when the JSC denied a postponement during the April hearings, suggesting that Hlophe was not really sick as his sick note had stated, it cast aspersions on his integrity.