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Western Cape Chief Justice John Hlophe.
- Former Constitutional Court Judge Johann Kriegler and Freedom Under Law are calling for the suspension of Western Cape Superior Court Judge John Hlophe.
- This after Hlophe dismissed the corruption case against ANC MP Bongani Bongo last week.
- Kriegler said Hlophe “was not fit to be a judge.”
While former Constitutional Court Judge Johann Kriegler and Freedom Under Law (FUL) have called for the suspension of Western Cape Superior Court Judge John Hlophe for his conduct in the case against ANC MP Bongani Bongo, says a spokesman for the Judicial Service Commission (JSC) when there is “discontent” about a sentence, the National Fiscal Authority (NPA) can appeal it.
Hlophe dismissed the corruption case against Bongo after the State concluded her case.
In a statement Monday, Kriegler and FUL, “… maintained that Judge Hlophe is not fit to be a judge.”
READ | Corruption charges for ANC heavyweight Bongani Bongo dropped
“His fabricated reasoning and his perverse ruling last week demonstrate how dangerous it has been to allow him to stand on the bench. An exemplary case of corruption has been thwarted, the act of corruption has gone unpunished and decent public servants have been defamed.”
Kriegler said FUL was not “… concerned about the political consequences of the dismissal of Judge John Hlophe’s corruption case against former Minister Bongani Bongo.”
“Our concern is its implications for the administration of justice. This particular decision is clearly incorrect and shows the damage that a single dishonest judge can do.”
Course
He added: “Since he tried to pervert the course of justice against Mr. Zuma thirteen years ago, we have held that Judge Hlophe is unfit to be a judge.”
Kriegler said the organization was repeating “publicly and urgently” its call to the JSC that: “Judge Hlophe be suspended pending the completion of the procedures for his removal. His conduct in the case against Mr. Bongo constitutes another act of fault. serious”. disabling him for judicial office “.
READ | Hlophe criticized her ‘slanderous’ attacks on her misconduct accusers at ConCourt
But speaking to News24 on Monday, JSC commissioner and spokesperson CP Fourie said: “If the National Tax Authority is not satisfied with the sentence handed down, then they should follow the processes available to them, for example appeal the sentence.
“For the Judicial Service Commission to suspend a judge, there are certain provisions that must be followed, which are established in the Law of the Judicial Service Commission.”
He also said there are ongoing proceedings regarding Hlophe, adding that the court’s ruling is awaited.
“The JSC cannot simply, when there may be discontent over a trial, proceed to suspend a judge; that is not how it works.”
