The Johannesburg High Court was to rule Monday on a bid by newspaper houses to set aside the Judicial Service Commission's decision to hold a preliminary investigation into the misconduct complaint against Western Cape Judge President John Hlophe.

Avusa, the Independent Group, the Mail & Guardian and the Freedom of Expression Institute on Friday night filed urgent court papers, two days after the JSC set up a three-man sub-committee to hold closed-door hearings into the case.

The sub-committee was asked to recommend to the full commission by 15 August on whether to press ahead with a formal investigation.

Newspapers fight for public right to know

The newspapers argued that the JSC did not have the power to do this because it had already decided in July last year to hold a formal inquiry into the dispute.

Alternatively, the newspapers want the preliminary investigation to be open to the public.

The sub-committee was expected to begin its preliminary investigation on Tuesday.

It consists of JSC spokesperson advocate Marumo Moerane, advocate Ishmael Semenya and Judge President Bernard Ngoepe.

Hlophe's possible influence in Jacob Zuma's trail

They were expected to hear testimony from Hlophe and the two Constitutional Court judges who brought the complaint against him last May.

Judges Chris Jafta and Bess Nkabinde claimed Hlophe sought to influence them improperly regarding pending judgments in the now abandoned corruption case against President Jacob Zuma.

The preliminary probe could result in a reprieve for Hlophe, who has aspirations to become a Constitutional Court judge but risks impeachment if he were to face a formal investigation for gross misconduct.

Transparency has been a key issue in the year-long saga. In April, the Johannesburg High Court overturned a decision by the JSC to hold its hearings into the matter in private, dismissing the commission's argument that public scrutiny would harm the dignity of the office of the chief justice, the deputy chief justice and the judge president.

The media's urgent application was to be heard by acting judge Brian Spilg at 2pm, the clerk of the Johannesburg High Court said.

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