The Justice for Hlophe Alliance (JFH Alliance) has taken time to study the brave decision which was taken by the Judicial Service Commission (JSC). This decision (see here) related to the alleged misconduct complaint which had been lodged against the honourable Western Cape Judge President Mandl'akayise John Hlophe by some of the constitutional court judges. It also included a finding on the counter complaint which Hlophe inturn lodged against his false accusers in respect of their violation of his constitutional rights.
We welcome and respect the JSC's decision and would like to highlight the fact that this unsavoury situation which almost led to a constitutional crisis on appeal has had negative connotations for the judiciary. We therefore applaud the JSC for restoring our faith and confidence in judicial processes irrespective of who was the complainant. We further commend their unwavering commitment to ensuring that fairness and justice is not only done but is also seen to be done.
The JSC's decision has, as expected, drawn unwarranted criticism from certain sections of our society, particularly the opposition political parties and the apartheid sponsored AfriForum for whom only a guilty or proceed decision would have been correct. These are shameful people who openly think the worst of Hlophe, and they are ready to believe anything and everything negative that is being said about him irrespective of whether there is evidence to support such talk or not.
Accordingly, their preconceived ideas about Hlophe can only be satisfied by seeing him impeached for a crime he never committed and/or based on unfounded accusations.
We thus want to call on all South Africans not to be led astray by these prophets of doom who are now bandying about the emotional blackmail that this judicial fiasco has left a dark cloud hanging over both Hlophe's head and has compromised the JSC's integrity. Some of these opposition political parties can be forgiven for their misinformed and misguided assertions about the so called "dark clouds which are hanging..."
The truth is that most of them live in Cape Town which is a city that is known for its unpredictable weather and cloudy conditions. They are so used to cloudy conditions that they sometimes mistaken sunshine for clouds because they have lived in the mountainous city for too long. Such has been their long stay there that their minds are already preconditioned to see clouds even where there is none.
As the JFH Alliance, we are vindicated by the JSC's decision since when we have always held and maintained that Hlophe was innocent and that he was a victim of a carefully ochestrated smear campaign. We embrace this well thoughtout decision wherein the JSC agreed not to proceed with the impeachment investigation.
As an organisation which subscribes to the concept or philosophy of democratic centralism, the JFH Alliance wants to discourage all talk of minority and majority views in this decision (see here). We call on the so called minority commissioners (whoever they may be) to distance themselves from this divisive talk by the media. If they have not already done so, we implore them to accept the collective decision of the JSC of which they were part.
In our view and based on previous experience, it does not serve any purpose to suggest that it was a split decision and neither does it help this country to suggest that the decision was swung by the president's appointees as this is political mischief and cheap political point scoring at worst.
These statements are both dangerous and ill considered hence South Africans should ignore same and rally behind the JSC's collective decision. If left unchallenged, such talk can cause an unnecessary rift within the JSC and cast a aspersions on their integrity. We cannot, as a country, afford to entertain such careless talk which flies against the spirit based on which our democratic processes were founded. In closing, but most sadly, the Justice for Hlophe Alliance would like to convey its sincerest condolences to the outgoing Chief Justice Pius Langa on the passing on of his beloved wife, Mrs. Beauty Langa. In true African tradition, sithi "akwehlanga olungehliyo, qinan'idolo mndeni wakwaLanga" and may her soul rest in peace!
Statement issued by the Justice for Hlophe Alliance, September 3 2009
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