An urgent application to have Western Cape Judge President John Hlophe's initial judicial services proceedings open to the media, would not be heard in the Johannesburg High Court on Monday as earlier reported.

Speaking on customary condition of anonymity, a court official said the case was still to be allocated to a judge.

Avusa, the Independent Group, the Mail & Guardian and the Freedom of Expression Institute on Friday night filed urgent court papers, two days after the Judicial Service Commission (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 August 15 whether to press ahead with a formal investigation.

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 wanted the preliminary investigation to be open to the public.

The sub-committee was expected to begin its preliminary investigation on Tuesday. It consisted of JSC spokesman advocate Marumo Moerane, advocate Ishmael Semenya and Judge President Bernard Ngoepe.

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.

Sapa

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