The Judge President (JP) of the Western Cape High Court is again the subject of serious allegations. Judge Hlophe has been accused of a range of misconduct offences by Judge Goliath, who is the Deputy Judge President (DJP) of the same court. In an explosive 14-page affidavit sent to the Judicial Service Commission (JSC), Judge […]
The Judicial Conduct Tribunal for Western Cape Judge President John Mandlakayise Hlophe is scheduled to resume on Monday, 21 October 2019, in Johannesburg. At the last meeting of the Tribunal on 2 July 2018, Judge Musi recused himself, and the Tribunal was postponed indefinitely. Judges Matter was informed of the new date for the Tribunal […]
Maintaining the integrity of the judicial process In the Constitution of South Africa, Chapter 9 deals with State Institutions supporting Constitutional Democracy. Under section 194, Removal from Office it states the following; “(2) A resolution of the National Assembly concerning the removal from office of— (a) the Public Protector or the Auditor-General must be adopted […]
The integrity of the judiciary in South Africa has never been in question. Or so Judges Matter has thought. It has been our firm view that judges and a judiciary that acts without fear or favour have and has been the thin black line between South Africa and state capture and a collapse in governance […]
The Judicial Service Commission has announced a number of vacancies in various courts, including the Western Cape and Gauteng High Courts. Nominations must reach the JSC by the 28th of June, after which the sifting committee will meet to decide which of the nominated will be shortlisted to be interviewed by the JSC in the […]
In April the Judicial Service Commission interviewed nine candidates for five vacancies at the Supreme Court of Appeal. As was the case in previous rounds for these vacancies, the candidates were grilled on divisions within the SCA and their experience of collegiality while acting at the court. The candidates all alluded to certain divisions within […]
Six candidates were interviewed for the Constitutional Court on Wednesday 3 April 2019 for two vacancies at the highest court. Of these candidates, five were recommended to the President for appointment. In line with section 174(4) of the Constitution the President will now appoint two Constitutional Court judges from the list of five names sent […]
The Judge President of the Western Cape asked a number of questions in the October 2017 hearings of the JSC. These questions went to what are called the skewed briefing patterns that exist, generally referring to how members of the advocates’ profession obtain work from attorneys. He asked Mr Papier: The issue Mr Papier, of […]
This article was written by Paul Hoffman SC and was originally published in the Daily Maverick on 13 August 2018. Daily Maverick columnist, Stephen Grootes, has cast aspersions on the legitimacy of the judiciary in a recent wide-ranging piece of political analysis. It is important to interrogate the legitimacy of the judiciary carefully as it […]
What role can judges play in preventing the Stalingrad legal strategy of criminals bent on manipulating the system? To begin let us define what we mean by a Stalingrad strategy: This is a strategy of wearing down the plaintiff by tenaciously fighting anything the plaintiff presents by whatever means possible and appealing every ruling favourable […]
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