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Advocates want Hlophe to go
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Wed, 04 Jun 2008 07:30
The General Council of the Bar, representing most of the country's
advocates, on Tuesday added its voice to calls for Cape judge president
John Hlophe to step down.
"It is untenable that, pending the investigation of the complaint,
the judge president stays on active duty," GCB chairperson Jannie Eksteen
said in a statement.
"The seriousness and source of the complaint, as well as its
ramifications, demand that he goes on special leave.
"If he does not do so voluntarily, the minister of justice ...
and/or the Judicial Service Commission (JSC) must see how that can be
facilitated as a matter of urgency."
Last week Constitutional Court judges accused Hlophe of trying to
improperly influence the court's decision on the Scorpions' search and
seizure raids carried out on African National Congress president Jacob
Zuma.
The complaint has been referred to the JSC, which is trying to
arrange an urgent meeting to deal with it.
Eksteen
said that the allegations struck at the heart of the legal
profession and the judiciary.
The GCB welcomed indications that the JSC would deal with the
complaint swiftly, and called on it to ensure the process was also
transparent.
Earlier, in a similarly worded statement, the Cape Bar Council
called on Hlophe to step down until the complaint had been resolved.
It said that to safeguard public confidence in the judiciary, it had
asked the JSC to "facilitate judge Hlophe's absence from office"
pending the determination of the complaint.
The Law Society of SA, representing attorneys, has urged the JSC had
to deal with the complaint swiftly.
Democratic Alliance representative on the JSC Sheila Camerer said on
Tuesday that it was essential that the JSC did not drag its feet in
investigating the complaint.
"This time around the JSC must act expeditiously and decisively in
the best interest of the judiciary, unlike on the previous
occasion,"
she said.
"We cannot afford to have the JSC fiddling while Rome burns."
She said the DA would ask JSC chairman Pius Langa to convene the
full commission for a briefing on the complaint by all 11
Constitutional Court judges, before it was referred to the JSC's
disciplinary subcommittee.
The MPs who sit on the JSC are not part of the subcommittee, which
is composed only of judges.
"The allegations of interference made by the Constitutional Court
judges against Judge Hlophe are extremely grave and the step taken by
the Constitutional Court unprecedented," Camerer said.
"It would therefore be inappropriate for only the disciplinary
subcommittee to take up the matter"
The whole commission should also consider whether to ask President
Thabo Mbeki to suspend Hlophe pending the outcome of the inquiry.
The DA has already called on him to step down.