Former Constitutional Court judge Johann Kriegler says the process of appointing new judges has been damaged by the Judicial Service Commission's decision not to pursue a complaint against Western Cape Judge John Hlophe.

He is asking the high court to review the decision to drop the complaint that Hlophe interfered with cases relating to President Jacob Zuma.

Both the JSC and Hlophe's lawyers say they are not yet able to respond to his comments as they have not received any legal papers as yet.

Kriegler says the JSC's decision has lead five Constitutional Court candidates to consider withdrawing their nominations.

He says he was not able to convince appeal court judge Robert Nugent to stay in the process.

"He is not prepared to submit his candidacy to the deliberations of people he does not trust."

Kriegler is adamant the blame lies with the JSC.

"It has failed us in producing a decision which is legally indefensible, factually unsupportable."

He says papers will be filed before the interviews get underway.

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