Boyd Webb
June 09 2008 at 08:35AM
Beleaguered Western Cape Judge President John Hlophe was due to hear later on Monday or Tuesday if he has been granted special leave by Justice Minister Brigitte Mabandla.
The decision, however, is likely to be communicated by fax as Mabandla is out of the country and expected back in South Africa on Wednesday.
"It (leave) has been granted. It s just a matter of being processed, and that requires the minister s signature," Justice Ministry spokesperson Zolile Nqayi said on Sunday.
He said, however, that this should not delay matters as all it required was the application for special leave to be faxed to Mabandla, who is in Oman, for her signature.
The judge president, who is an ardent gardener, is expected to have lots of time to tend his plants as he goes on special leave for a second time pending another investigation into his actions by the Judicial Service Commission (JSC).
The commission met on Friday to discuss the unprecedented complaint from the highest court in the land, which has accused Judge Hlophe of improperly trying to influence certain judges in cases involving ANC president Jacob Zuma.
Judge Hlophe allegedly told two Constitutional Court justices to rule in favour of Zuma if they wished to secure their futures. It s alleged that he told them that he was going to be the next chief justice.
"He basically told them - there will be a lot of changes in the judiciary. You must think about your future, before telling them to rule in favour of Zuma," a source said.
The complaint has led to a chorus of calls for Judge Hlophe to step down and fevered speculation that he would face an impeachment inquiry - thus becoming the first judge in South Africa s history to be removed from office - after other complaints against him had failed.
But the judge president s fight-back campaign has since been boosted by the Constitutional Court s controversial handling of the matter.
While he appears to have been hanged and quartered in the court of public opinion, he still does not have the complaint against him or the names of his accusers.
"There may be blood on the floor, but it may not be Judge Hlophe s," a prominent senior advocate said at the weekend after the Constitutional Court asked the JSC for an extension to provide the facts supporting its complaint about the judge president.
Judge Hlophe, who is said to house aspirations to be the next judge president after Pius Langa retires next year, insists the allegations are ludicrous and "utter rubbish".
Judge Craig Howie, the outgoing Supreme Court of Appeal president, has been recalled from leave to preside over the matter.
Neither Justice Langa nor his deputy, Dikgang Moseneke, can chair proceedings because they serve on the Constitutional Court.
Source : http://www.iol.co.za/index.php?set_id=1&click_id=6&art_id=vn20080609060248829C657312
Photo : http://www.swazilandembassyus.com/images/pic_hlophe_wife_stairs.jpg