The Judicial Services Commission (JSC) has postponed the hearing of Cape Judge President John Hlophe until Tuesday.

The JSC decided on a postponement on Saturday to allow Hlophe's new legal representative time to prepare for the hearing.

Hlophe changed his legal council on Wednesday night, bringing in advocate Brian Pincus SC to represent him.

During proceedings on Saturday, Pincus requested that the hearing be postponed for ten days to allow him time to read documentation on the matter and consult with Hlophe.

"We would be ready in no more than ten days or something of that order," said Pincus.

The hearings relate to Hlophe's alleged attempt to influence two Constitutional Court judges - Bess Nkabinde and Chris Jafta - working on a judgment relating to ANC president Jacob Zuma.

Hlophe then brought a counter claim against the judges, as they made a press statement about the incident before they laid a formal complaint against him at the JSC.

Despite Pincus' request on Saturday that the hearings be postponed for ten days, the commission decided to postpone the matter until Tuesday following a long private session.

Judge Lex Mphathi, chairman of the hearing said that the matter would be postponed until 9am on Tuesday as the notice of the hearing was given to all parties in February.

Further postponements, he said, will waste all the parties' time and cause an inconvenience to all if the matter was delayed further.

"It is in the interest of justice to finalise the matter which is of great public interest," said Mphathi.

In giving reasons for the application for a postponement, Pincus said the hearings held grave consequences towards Hlophe and that it was important for him to be present at the hearing.

"It involves a possible impeachment. I don't know why the urgency should take precedence over the right of my client," he said.

Hlophe, who is still suffering from a "malicious bout of influenza", was not present for Saturday's proceedings.

He submitted a sick note through his then lawyer, Advocate Vuyisile Ngalwana, on Wednesday.

In an affidavit submitted to the JSC to apply for a further postponement, Hlophe apologised for the inconvenience of his absence, but said that it would be in the interest of justice for the hearing to be postponed as he "is not in a fit state to travel nor to consult with (his) legal representatives".

"Whilst I concede the question of inconvenience as set out above, there can be no prejudice to the Commission and the witnesses in the grant of a further adjournment," Hlophe said.

"I cannot receive a fair hearing to which I am entitled if the hearing proceeds tomorrow."

Hlophe said that his "unreadiness to proceed" is not due to any delaying tactic. He also attached an affidavit of his doctor, Michael Paul Waynick to confirm that he suffers from Acute Sino-Bronchitis.

"In my view, the Applicant should not, at this time, travel by aircraft to Johannesburg and should rest for three to four days," said Waynick.

His sickness, however, was only part of the reasons why his lawyer had requested a postponement on Saturday.

"It is linked to his illness," said Pincus.

"To say that I cannot consult with him is not an impossibility. I can go to his house and speak to him, but he has been instructed by his doctor not to leave the house, not to consult, not to travel."

He also said he halted an application to interdict the JSC from proceeding with the hearing.

Ngalwana on Wednesday threatened that he would apply for the urgent interdict, on the grounds that the JSC was bias towards his client.

"I would need to know a lot more about this case before I make such an application.

"I would not bring an application if I do not have any facts of bias of the JSC," said Pincus.

He said he will decide before Tuesday on whether he would go ahead with such an application.

Sapa