Business Day (Johannesburg)

South Africa: Hlophe 'Immensely Qualified' to Be Chief Justice

Hajra Omarjee

13 July 2009


Johannesburg — AS THE nomination process for SA's new chief justice gears up , Western Cape Judge President John Hlophe's campaign is gaining momentum.

Hlophe's supporters have been vocal in their lobbying for him to be appointed as chief justice and now Police and Prisons Civil Rights Union (Popcru) spokesman Benzi ka-Soko has also endorsed that call.

"Notwithstanding his human fallibilities, I believe that Judge Hlophe should become the next chief justice He is immensely qualified and a pure jurist of note," Ka-Soko wrote in his personal capacity at the weekend.

"He vividly understands the need to bring about serious radical transformation in the South African judiciary."

In an open letter, Ka-Soko described Hlophe as the "embodiment of judicial fearlessness in the face of judicial populism".

Hlophe has been at the centre of several controversies in recent years.

These include his being accused of making racist remarks about white colleagues and allegedly allowing his son's university fees to be paid for by a major law firm, which was active in the Cape Provincial Division.

Hlophe is also embroiled in a legal tussle with the Constitutional Court over allegations that he tried to influence judges for political reasons.

The matter is before the Judicial Service Commission (JSC), which must also interview prospective candidates for the position of chief justice in September, and advise the president on its recommendations.

JSC spokesman Adv Marumo Moerane said yesterday the issue of nominations for the bench and the complaint against Hlophe were "independent processes".

"The interviews will be done in September. It (the interview process) will be governed by its own rules.

"We do not have an indication of the nominations yet. Let's wait until we get their before assessing the issue," Moerane said.

Speaking to Business Day yesterday, Ka-Soko defended his letter.

"A judge has be above reproach, but that has to be qualified. Sitting at the (helm) of many courts are apartheid buggers, but we still live with them," Ka-Soko said.

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