JCC Media Statement: Judge Goliath against Judge Salie- Hlophe

Judicial Conduct Committee

9 March 2020

MEDIA STATEMENT

DEPUTY CHIEF JUSTICE’S DECISION ON THE COMPLAINT BY DEPUTY JUDGE PRESIDENT P GOLIATH AGAINST JUDGE G SALIE-HLOPHE

It is hereby made known that after considering the complaint lodged by Deputy Judge President P Goliath against Judge G Salie-Hlophe, the Deputy Chief Justice was satisfied in terms of section 17(1) of the Judicial Service Commission Act 9 of 1994 (JSC Act) that, in the event of a valid complaint being established, the appropriate remedial action against Judge Salie-Hlophe will be one or more of the remedial actions listed in section 17(8) of the JSC Act. That means it will be a lesser sanction than impeachment. Such remedial action includes an apology to the complainant, a reprimand, a written warning, or appropriate counselling.

Given the above, the Deputy Chief Justice has, in terms of section 17(1)(b) of the JSC Act, designated Justice N Dambuza, a Judge of the Supreme Court of Appeal who is also a member of the Judicial Conduct Committee, to conduct an inquiry into the complaint in order to determine the merits thereof. In terms of section 17 such an inquiry need not necessarily be a formal inquiry but may be a formal inquiry if the member of the Committee designated to conduct it decides that it should be a formal inquiry. An inquiry conducted in terms of section 17 is required to be inquisitorial in nature and there is no onus on any person to prove or disprove any allegation of fact.

Issued by the Secretariat of Judicial Conduct Committee

Read the full official statement: JCC Media statement – Complaint by Goliath DJP against Salie-Hlophe J_9 March 2020