Hand of Hlophe questioned in Erasmus appointment

Rickard says that when Western Cape Premier Ebrahim Rasool decided to appoint a commission he first approached Erasmus and asked if he would take the job. Then Rasool asked Hlophe and the Justice Minister to release Erasmus. That was not the correct procedure, said the court in its judgment, noting it created the impression that a particular judge was chosen because he would ensure Rasool's desired outcome. According to Rickard a member of the executive who wants a commission should approach the Judge President who would consider which of the judges in that division would be most suitable, given their experience and expertise. The Judge President would then have a chance to consult with other members of the Bench about whether it was wise for a judge to participate in the commission at all. The matter 'shows the poor leadership and judgment of Hlophe. By not halting the appointment of Erasmus at the outset, he must share in the blame for this debacle,' concludes Rickard. Full article in The Weekender Judgment

The judgment made 'quite a few gratuitous statements as well as some very important precedents that should not be set', according to Rasool in the So Many Questions feature in the Sunday Times. Asked why he was not appealing, he said: 'Because I'm not the Premier any more. I'm out of power. So I don't have the decision-making abilities to do it. And so in a sense I am feeling naked.' On the question of whether the judgment underlined a perception that the ANC thinks it is above the law, Rasool said: 'No, not at all. I think that, very clearly, the judgment deals with a few matters which are in the Constitution. One, the power of the Premier to appoint a commission. That is a constitutional power.' Asked why he didn't you appoint a retired judge, he said: 'I think when you establish a commission you want the best, most up-to-date practitioner of law to sit in judgment over matters.' So Many Questions feature

The negative publicity the commission generated may result in legal action. Former National Police Commissioner George Fivaz is considering suing for damages relating. Rapport quotes Fivaz as saying that 'nine months of defamation and insinuations' cannot be kept under wraps. His private investigation company, George Fivaz and Partners, which was hired by the City of Cape Town to investigate politician Badih Chaaban, became a subject of the Erasmus Commission's investigations. Fivaz said two court judgments had proved his company acted lawfully. He said he had suffered 'enormous' financial losses because of the negative publicity. Full report in Rapport