Hlophe case recusals issue takes new turn

It notes that in November last year, the Constitutional Court heard argument on whether it could hear Hlophe's appeal at all - given that the majority of the court were complainants against him and therefore felt themselves to be disqualified. But even at that hearing - on the preliminary issue - the court managed to scrape a quorum together because Judges Bess Nkabinde, Chris Jafta and Deputy Chief Justice Dikgang Moseneke would not sit, on the basis they might have to give evidence against Hlophe at the JSC. Then, after the case was heard, Judges Mogoeng and Zondo expressed their own concerns, in two separate letters from the court. This prompted some robust correspondence between the organisation and Mogoeng. The report notes in directions, he asked the parties to the appeal to indicate whether they sought the recusal of the Chief Justice. However, what is not clear is why he did not raise his concern prior to the hearing of the matter. A senior lawyer said the letters were 'curious', given how conflicted most of the judges were. But he said Mogoeng and Zondo may have simply been trying to be prudent, ensuring there were no further complications in what was already a prolonged and messy saga. Full Business Day report