afrol News, 3 June - Cape Bar Council has ordered Cape judge to step down from office until the latest complaints against him were resolved.

Last week, Constitutional Court accused John Hlophe of attempting to influence the court's decision over search and seizure raids carried out by the Scorpions on properties of the governing African National Congress President Jacob Zuma and French arms manufacturing company Thint.

"It would be untenable for Judge Hlophe to continue in office pending the determination of the complaint by the Judicial Service Commission," said the council in a statement on Tuesday, blaming Hlope of trying to influence the bench in an "improper manner."

In its attempts to maintain public confidence and the independence of the judiciary, the council had asked the Judicial Services Commission (JSC), which oversees South Africa's judges, to "facilitate judge Hlope's absence from office" until the determination of the complaint.

The Law Society of South Africa had earlier urged the JSC to deal with the complaint with urgency.

Last year, JSC suspended inquiry against judge Hlophe on corruption allegations without explanation. He was accused of "inappropriately" failing to disclose that he had accepted money from a management company before ruling in its favour.

The Cape judge is again being vigorously pursued by his colleagues who insisted that he was no longer fit to be a judge.

"Judge Hlophe is not a fit and proper person to be a judge. His retention of office constitutes a threat to the dignity and public acceptance of the integrity of the courts," said a constitutional court judge, Johann Kriegler.

The trial of Jacob Zuma is believed to have put South Africa's judicial independence under immense pressure. Zuma was charged with corruption, fraud and tax evasion over South Africa's arms deal.

A High Court judge ruled that Zuma had a "generally corrupt relationship" with his former financial adviser convicted on fraud charges.

In a statement, the Constitutional Court, South Africa's highest court, has accused Hlophe of making attempts to influence its pending decision over the legality of raids on the properties of Zuma and Thint.

"The judges of this court view conduct of this nature in a very serious light," the court said.

In his reaction, Hlophe described the allegations as "utter rubbish" because it is "inconceivable" for him to wield the power to influence the constitutional court.

Constitutional Court said the courts would continue to apply the law "impartially and without fear, favour or prejudice." It added that "any attempt to influence this or any other court outside proper court proceedings therefore not only violates the specific provisions of the constitution regarding the role and function of courts, but also threatens the administration of justice in our country and indeed the democratic nature of the state."

"This court - and indeed all courts in our country - will not yield to or tolerate unconstitutional, illegal and inappropriate attempts to undermine their independence or impartiality. Judges and other judicial officers will continue - to the very best of their ability - to adjudicate all matters before them in accordance with the oath or solemn affirmation they took, guided only by the constitution and the law."

By staff writer

© afrol News

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