The Judicial Service Commission on Friday said Western Cape Judge President John Hlophe's actions in talking to Constitutional Court judges about cases relating to President Jacob Zuma may have been "unwise", "ill considered" and "imprudent".

However, it said he is not guilty of gross misconduct and may return to work on Monday.

The commission's disciplinary committee has released its decision, along with the reasons behind it. It said the complaint is closed.

In its lengthy majority judgment the JSC said it accepted Hlophe did discuss cases related to President Jacob Zuma with two Constitutional Court justices.

The JSC's decision appears to hang on the fact that neither of the judges expressly said Hlophe asked them to decide the cases in Zuma's favour.

It also said the Constitution does not define the difference between misconduct and gross misconduct which can lead to a judge being impeached.

The majority also holds that no new evidence would come to light if the people concerned were cross examined.

However, the minority said a full cross examination is necessary to find out the true facts of the case.

The decision appears to save Hlophe's career and tries to find some solace for the Constitutional Court.

Division over decision

University of Cape Town's Constitutional Law Professor Pierre de Vos says he is unhappy with the fact that the decision has hinged on what Hlophe meant when he said the cases needed to be decided properly.

"In the bigger context we all know it meant one thing and that it had to be decided in favour of Mr. Zuma. I think that the distinction they make is one that cannot really hold water."

The Democratic Alliance's Parliamentary leader Athol Trollip has also expressed the party's expressed concern.

"It raises serious questions about judicial independence which is basically the foundation of a constitutional democracy and if you undermine that foundation the constitutional democracy that we hold so proud in South Africa is under serious threat," Trollip said.

The Congress of the People's Philip Dexter is also worried.

He said: "The make up of the Judicial Service Commission was changed in recent months so the question will always be asked as to whether or not had the previous members of the JSC sat a similar decision be arrived at."

The African National Congress has welcomed the finding, saying it will restore credibility to the country's judiciary.

The ANC's Brian Sokutu said: "The ruling also puts behind months of uncertainty about the future of Judge Hlophe and the instability in the Cape Town High Court bench leadership."

Eyewitness News

It's JZ, leave a message... "Hi, this is Zuma. You know what to do. No, no... not the machine gun. Leave a message..."

Finding love in Zululand Susan Pletts ventures into Zululand and discovers that SA's hidden treasures are its people.

Visit our politics page Need the latest political news, features, interviews and profiles? Visit our dedicated page...