JSC to consider AfriForum's complaint against Judge Hlophe on Saturday

The Judicial Service Commission (JSC) will consider the civil rights organisation AfriForum's written complaint against Judge John Hlophe tomorrow, 15 August. This indication was given by the JSC in a letter sent to AfriForum to acknowledge receipt of the complaint that AfriForum had submitted to the JSC (see here). The complaint was submitted following alleged racist and insulting remarks made by Hlophe, according to an article in the Mail & Guardian, regarding judges of the Constitutional Court. Hlophe was quoted as saying, among other things, that he had refused to shake Chief Justice Pius Langa's hand, because he (Hlophe) "would not shake a white man's hand". Hlophe now denies making the statements, while the Mail & Guardian maintains that Hlophe did indeed make the controversial statements.

According to Kallie Kriel, CEO of AfriForum, the organisation stands by its complaint, even though Hlophe denies that his comment regarding the handshake was aimed at Judge Langa. "Even if Judge Hlophe's comment was aimed at Judge Wilfred Thring instead, as is now being alleged, it remains insulting and inappropriate," Kriel said. Hlophe's attack on the judges of the Constitutional Court, as stated in the Mail & Guardian article, is also sufficient grounds for a further investigation against Hlophe, according to Kriel.

Kriel also reiterated that Hlophe has a long history of repeatedly denying the large number of ill-considered statements attributed to him in the past, or claiming that his words had been twisted. According to Kriel, this includes allegations that Hlophe said in 2005 that he had specifically awarded the Micro school court case to Judge Wilfred Thring because he (Hlophe) knew that Thring would "f#ck up" the case and that the case would then be rectified on appeal. In the same year, a Cape lawyer, Joshua Greeff, alleged that Hlophe had called him a "white sh#t".

AfriForum regards the judiciary as an important cornerstone in the protection of citizens' rights and therefore the actions of judges should always be beyond reproach. 

Statement issued by AfriForum CEO, Kallie Kriel, August 14 2009

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