The serious allegations against Judge President Hlophe strike at the heart of the legal profession and what the judiciary is and should be.

The General Council of the Bar of South Africa welcomes the indications that the Judicial Service Commission will expeditiously deal with the complaint. We call upon the Judicial Service Commission to ensure that the process is also transparent so that there is no room  for uninformed speculation.

It is untenable that, pending the investigation of the complaint, the Judge President stays on active duty. The seriousness and source of the complaint, as well as its ramifications, demand that he goes on special leave. If he does not do so voluntarily, the Minister of Justice and Constitutional Affairs and/or the Judicial Service Commission must see how that can be facilitated as a matter of urgency.

Accordingly, we fully support the stance of the Cape Bar Council in the complaint against Judge President Hlophe.

We believe that when serious allegations, which are not frivolous or vexatious, are made against any person in public office, he or she should always stand down until the allegations have been tested. That has nothing to do with a presumption of innocence, which is a concept closely related to the criminal law, but everything with the trust reposed in such persons. This applies even more to judges.

J W Eksteen SC
Chairman
Council of the Bar of South Africa
June 3 2008