The Supreme Court of Appeal (SCA) upheld an appeal by judges of the Constitutional Court relating to a dispute with Cape Judge President John Hlophe on Tuesday.

The SCA replaced the order of the high court with an order dismissing Hlophe's application.

The case relates to a complaint of judicial misconduct laid by the Constitutional Court judges against Hlophe with the Judicial Services Commission on 30 May 2008.

They said Hlophe allegedly made what they regarded as inappropriate approaches to judges about a pending judgment on African National Congress president Jacob Zuma, who was facing graft charges related to a government arms deal

Hlophe laid a counter-complaint against the judges on 10 June 2008.

Hlophe launched an application in the High Court in Johannesburg for an order declaring, in essence, that the Constitutional Court had violated certain of his constitutional rights by laying the complaint and by issuing a media release stating that the complaint had been laid.