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Legalbrief   |   your legal news hub Sunday 14 December 2025

Nkabinde claims Hlophe had access to ConCourt notes

The JSC has heard that Cape Judge President John Hlophe seemed to have access to confidential notes circulated between judges of the Constitutional Court, says a report on the IoL site.

Hlophe had also boasted to Justice Bess Nkabinde about obtaining a list of people implicated in the multi-billion dollar government arms deal from the NIA, Nkabinde said. 'Hlophe went on to explain that, there is no case against Mr Zuma,' she added. 'He said there was a list containing names of people who were also implicated in the arms deal. He had obtained the list from the NIA and he said something to the effect that some of the people who appeared on the list were going to lose their jobs when Zuma becomes President,' said Nkabinde. She said Hlophe had contacted her telephonically and asked to see her to discuss the issue of privilege, a key matter under consideration in the Zuma judgment that the Constitutional Court was working on. Nkabinde, who at that time had been warned by Judge Chris Jafta that Hlophe might want to discuss the pending Zuma matter, said to him that she was not in a position to discuss the case with him. The JSC is hearing a complaint that Hlophe tried to improperly influence Nkabinde and Jafta on the Zuma matter and a counter-claim by Hlophe that the judges impinged on his rights by making their complaint public. Full report on the IoL site See also a report in The Times

Judge Yvonne Mokgoro told the JSC she was 'shocked' when Nkabinde told her of Hlophe's conversation, notes a report on the News24 site. 'I went home. I couldn't think of anything else. I was disturbed. That night I actually couldn't sleep,' said Mokgoro. The next day, she took Judge Kate O'Regan in her confidence, and asked her if she was over-reacting. 'She (O'Regan) simply confirmed my feelings. We encouraged Nkabinde to report the matter. There was a need, I thought, to report this matter as soon as possible.' Mokgoro said she was also very concerned about the fact that Hlophe seemed to have inside knowledge of a note that was written by Nkabinde to her colleagues on privileges. While working from home one weekend, all Mokgoro's e-mails discussing the Zuma case with the other judges had disappeared from her computer, she told the JSC. 'I was concerned there might be a leakage somewhere about our e-mails. I had felt, 'oh my goodness, why is only this group of e-mails (between the judges) affected', our computers were probably hacked or something,' said Mokgoro. But the court's Internet technology director assured her that this was unlikely. Full report on the News24 site

Jafta said he spent just five months at the Constitutional Court, but in that time Hlophe popped in to visit his former colleague and ask about the Zuma cases, says a report on the IoL site. 'I was taken by surprise,' when he raised the Zuma cases Jafta told the hearing. 'Judges don't discuss matters before judgment is handed down with members of the court who were not on the panel,' he said. Jafta said that in their meeting, Hlophe allegedly told him in Zulu that 'we are now pinning our hope on you' in the Zuma matters. The report notes Hlophe allegedly said Zuma was being 'persecuted' the way he (Hlophe) had been in previous disputes in the legal system. Chairperson of the hearing, Judge Lex Mpati, postponed the hearing until further notice saying the record will be supplied to Hlophe whose legal team earlier walked out from the hearing. He says they will invite justice Hlophe to make submissions and possibly testify himself. Full report on the IoL site