The Judicial Service Commission (JSC) has offered to let Cape Judge President John Hlophe lead his own case in the long-running disciplinary investigation against him, his lawyer said Thursday.

Barnabas Xulu told Sapa the JSC approached him on Wednesday with a written offer allowing Hlophe to lead his own case, cross-examine witnesses, call witnesses and make submissions.

"This (the offer) confirms the element of bias. They are now trying to be fair to our client by allowing him a right which they had denied earlier in the investigation," Xulu said.

He said Hlophe had seen the offer, but was hesitant to accept it as it meant the process would go back to a current "divided" JSC.

In affidavits submitted by the JSC, some commissioners contradicted each other he said.

"Now how can one tell his client to submit himself to such a divided commission?"

Forge a settlement

Hlophe and the JSC had been urged by the High Court in Johannesburg to forge a settlement and fax it to presiding Judge Nigel Willis by Friday.

Willis said during Monday's hearing: "We don't want to get our hands dirty."

Hlophe was accused last year by the judges of the Constitutional Court of trying to interfere in a judgment relating to President Jacob Zuma.

They complained to the JSC and Hlophe in turn complained about the way they handled the matter. He believes they infringed his dignity when they made the matter public almost immediately after informing him of their complaint.

He complained of bias

He also alleged that the JSC committee handling the matter was not properly constituted. This was because former justice minister Enver Surty had recused himself on the grounds of having tried to broker a resolution.

When the JSC's hearings into the matter began, Hlophe at first submitted a sick note saying he was too ill to attend, and then later asked for a postponement so his lawyers could prepare more.

He then complained of bias, but the JSC rejected his allegations.

JSC lawyer Marcelle Lute would not comment on the matter.