Cape Judge President John Hlophe's decision to return to work, in defiance of a request from Minister of Justice Enver Surty, displays irredeemably poor judgment and a lack of appreciation of the serious nature of the allegations levelled against him.

Although Judge Hlophe, like all citizens, has the right to work, he must also recognise that his is a profession that requires continued commitment to high ethical standards. At the mere appearance of impropriety, a High Court judge ought to take the necessary steps to restore faith in his or her office. In this case, an untenable situation may arise in which Judge Hlophe is involved in cases even while a dark cloud continues to hang over him. Thus, irrespective of his guilt or innocence, we believe the only responsible course of action is for the Judge President to remain on leave.

The stand-off which has emerged between Minister Surty and Judge Hlophe is damaging the credibility of the Cape High Court, and the Democratic Alliance (DA) calls for cool heads to prevail. All parties in this matter must ensure that the interests of justice are met.

Statement issued by Tertius Delport, MP, Democratic Alliance spokesperson on justice, February 3 2009

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