The Cape Bar Council is encouraged by the statement made on behalf of the Judicial Service Commission, reported in the press, to the effect that the complaint laid against Judge President Hlophe by the judges of the Constitutional Court will be dealt with as a mailer of urgency.

Given the seriousness of the complaint by the Constitutional Court judges against the Judge President, the Cape Bar Council, as stated publicly, considers that it would be untenable for Judge Hlophe to continue in office pending the determination of the complaint by the Judicial Service Commission.

In the circumstances, and in order to safeguard public confidence in the independence and impartiality of the judiciary, the Cape Bar Council today requested the JSC to facilitate Judge Hlophe's absence from office pending the final determination of the complaint.

Ashton Schippers SC
Vice Chairperson
Cape Bar Council

Rudi van Rooyen SC
Chairperson
Cape Bar Council

Statement issued by the Cape Bar Council June 2 2008