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- Western Cape Chief Justice John Hlophe accused Chief Justice Mogoeng Mogoeng of “instigating” a complaint against him.
- Hlophe, in an interview that has not yet aired with The Insight Factor, said that Judge Mushtak Parker was encouraged to “file a false assault complaint” against him.
- Hlophe also claimed that the accusation that he had conspired to kill Judge Patricia Goliath was “another deliberate and desperate attempt to tarnish my reputation.”
Western Cape Chief Justice John Hlophe accused Chief Justice Mogoeng Mogoeng of “instigating” the complaint that will now be investigated by a court, which can charge, sanction or dismiss based on the charges against him.
Mogoeng, in July, recommended that a court be established to investigate the serious allegations made against Hlophe by her deputy, Judge Patricia Goliath, who, in January, filed a 14-page complaint accusing him of gross misconduct.
Of his accusations, which included trying to influence the appointment of judges perceived as “favorably disposed” to former President Jacob Zuma to preside over the so-called Earthlife Africa case related to the nuclear deal, as well as preferential treatment for his wife, Judge Gayaat. Salie-Hlophe – Mogoeng recommended that a court investigate three of the serious allegations.
These were the alleged assault on Judge Mushtak Parker, which he himself denied, despite an unsigned affidavit filed before another judge to the contrary; the use of abusive language to allegedly call Goliath “trash” and “a piece of shit” when he kicked her out of her rooms in 2017; and abuse of power in connection with the office of vice president of the judge by appointing a “very junior judge” to act on his behalf, in place of Goliath.
Mogoeng dismissed a counterclaim filed by Hlophe against Goliath.
EXPLANATOR | War of the judges: complaints of ‘misconduct’, ‘prejudice’ in the battle between Hlophe, Mogoeng and Goliath
Now Hlophe, in an interview that has not yet aired with The Insight Factor, a show scheduled to launch this weekend, has accused the Chief Justice of instigating the complaint against him.
“He, through Patricia Goliath, encouraged Judge Parker to file a false assault complaint against me. Judge Parker has gone public and denied that he was assaulted by me,” Hlophe said in an advance shared on Twitter by the show’s co-host, Thabo. Makwakwa.
Goliath, in his complaint, had charged that Hlophe had physically assaulted an anonymous colleague in the dock, claiming that the judge wanted to proceed with a criminal complaint, but was persuaded by another not to proceed.
Parker was later identified as the judge in question and agreed with Hlophe’s denial of the attack. But 15 of Parker’s colleagues, in affidavits, said that as of February he had “always told the same assault story.”
According to an unsigned affidavit written for Parker by Judge Derek Wille, an angry Hlophe had come to Parker’s chambers on February 25, 2019 and accused him of “wanting to ‘fuck’ his wife,” Judge Gayaat Salie- Hlophe.
Parker was allegedly punched in the chest, causing him to fall, the document reads. He apparently hit a book cabinet with his back, broke the key, and injured himself.
Two complaints against Parker, with whom some of his colleagues had refused to work after accusing him of lying about the assault, were referred to the Judicial Conduct Committee.
Last week, the Judicial Service Commission (JSC) said it would recommend that President Cyril Ramaphosa suspend Parker pending the completion of the complaints against him.
In the interview, Hlophe also claimed that the accusation that he had conspired to kill Goliath was “another deliberate and desperate attempt to tarnish my reputation.”
He said:
I can assure you that it will not fly. This makes no sense. Why would he want to kill a non-entity and make them a martyr?
According to a report by the Judicial Inspection of Correctional Services (JICS) cited by GroundUp, a “superior judge” had allegedly hired two men to murder a colleague through a third party for R3m.
The attack was reportedly called off, but the would-be killers still demanded money and were reportedly paid 200,000 rand.
Hlophe and Goliath were later identified in a Daily Maverick report.
The presiding judge through his attorney, Barnabas Xulu, called the claims “unfounded and false.”
Hlophe in the interview also spoke about the racism she experienced, as well as other black judges and members of the legal profession.
He said that he had compiled a report containing several cases of racism, in which he had mentioned “big names”.
Hlophe also commented on the land occupation.
“People don’t have land, they don’t have dignity. They sleep under bridges, it’s cold, they’re desperate. What are you waiting for? That person is going to see an empty lot that is unoccupied and that person is going to move and establish an informal arrangement “, He said.
And, he added, he hated to refer to informal structures as “shacks.”
“They are residences. It is our people who live there. And we must give them dignity.
“If we keep saying these are shacks, it’s actually derogatory. I’d rather call it home. That’s what it is.”
News24 solicited comments from the Office of the Chief Justice. This would be added once received.
