DA requests meeting with Intelligence Minister to discuss Hlophe claims

I will write today to the Minister of Intelligence, Mr Ronnie Kasrils to request an urgent meeting to discuss the allegation that Cape Judge President John Hlophe told Constitutional Court judge Bess Nkabinde that he was "connected to members of national intelligence", and thus knew what she was working on in relation to the Jacob Zuma corruption case. This allegation forms part of the complaint made by the Constitutional Court to the Judicial Service Commission against Judge Hlophe [see here].

If these allegations are true, their implications for our democracy are profoundly serious. Not only would they constitute further proof of the politicisation of key state institutions, they would also illustrate that the checks and balances that are the hallmark of a well-functioning democracy have been seriously eroded - especially the principle of separation of powers.

The use of the intelligence services to spy on judges would also suggest that the abuse of the security forces that characterised the lead-up to the last ANC national conference in Polokwane has left lasting damage on the NIA, and most likely various other intelligence agencies as well. When a government loses control of the intelligence services it begins a very slippery slide into becoming a failed state.

Judge Hlophe's alleged statement also perhaps explains why the intelligence services failed to act decisively and proactively to prevent the recent xenophobic attacks - instead of doing their jobs they were spending their time and resources engaged in spying on members of the judiciary to further narrow political interests.

My colleague, Paul Swart, MP will also write today to the Chair of the Joint Standing Committee on Intelligence (JSCI) to request that Judge Hlophe be called to appear before the JSCI and explain his recent alleged remarks.  The JSCI must investigate whether any member of the intelligence community has been investigating any member of the South African judiciary and whether such members have been passing information to Hlophe. If true, it represents a flagrant breach of the separation of powers and the direct threat to the independence of the judiciary.

Statement issued by Democratic Alliance Chief Whip, Ian Davidson MP, June 19 2008