JCC Media statement: Hlophe, Goliath and Salie-Hlophe complaints

Official Media statement: Update on progress in the handling of the complaints involving Judge-President JM Hlophe, Deputy Judge-President P Goliath and Judge G Salie-Hlophe

With regard to the complaints lodged with the Judicial Conduct Committee involving Justice P Goliath, Deputy Judge-President of the Western Cape Division of the High Court, Justice JM Hlophe, the Judge-President of that Division and Justice G Salie-Hlophe, the Deputy Chief Justice has directed the Secretariat of the Judicial Conduct Committee to give the following update to the public on progress in the handling of these complaints:

• As is well-known already, in about mid-January 2020 Deputy Judge-President Goliath lodged with the Judicial Conduct Committee a complaint against Judge-President Hlophe and Judge Salie-Hlophe.
• Last week Judge-President Hlophe lodged his own complaint against Deputy Judge-President Goliath.
• After considering both Deputy Judge-President Goliath’s complaint against Judge-President Hlophe and Judge-President Hlophe’s complaint against Deputy Judge-President Goliath, the Deputy Chief Justice was satisfied in terms of section 16(1) of the Judicial Service Commission Act (Act 9 of 1994) (JSC Act) that each one of the two complaints, if established, would be likely to lead to a finding by the Judicial Service Commission that the respondent judge in each complaint is guilty of gross misconduct. Accordingly, as required by section 16(1) of the JSC Act in such a case, the Deputy Chief Justice has referred the two complaints to the Judicial Conduct Committee to consider whether it should recommend to the Judicial Service Commission (JSC) that the two complaints be investigated and reported on by a Tribunal.
• The complaint by Deputy Judge-President Goliath against Judge G. Salie-Hlophe is still receiving consideration and the parties will be informed shortly of the outcome or the way forward.
• The meeting of the Judicial Conduct Committee at which the Committee will consider whether to recommend to the JSC that one or both of the complaints involving Judge-President Hlophe and Deputy Judge-President Goliath be investigated and reported on by a Tribunal will be held on Friday, 21 February 2020 at 16h00 at the Constitutional Court.
• At the meeting the Committee may decide:
  • to recommend to the JSC that the complaints or one of them be investigated and reported on by a Tribunal; or
  • to refer one of the complaints or both complaints to the Deputy Chief Justice so that he may designate a member of the Committee to conduct an inquiry in terms of section 17 of the JSC Act to determine the merits of the complaint. The Committee may follow this last mentioned route if satisfied that, if the complaints were established, the misconduct, though serious, would not be impeachable.
• Both Deputy Judge-President Goliath and Judge-President Hlophe have been invited to make representations to the Judicial Conduct Committee on or before Monday, 17 February 2020 on the matter to be deliberated upon by the Committee on Friday, 21 February 2020. They have also been informed that, if they obtain leave from the Deputy Chief Justice, they may address the Committee.

Issued by the Secretariat of the Judicial Conduct Committee

11 February 2020

Read the full official statement: JCC Media Statement- Hlophe JP against Goliath DJP Complaints