Three judges say 'no' to hearing Hlophe case

Hlophe's lawyer, Barnabas Xulu, said on Saturday: 'I am looking for the information on who these judges are and why they refused to sit.' The report notes the court was meant to hear arguments on how best it should handle the Hlophe application because most of the judges were involved in the matter in which Hlophe is accused of interfering in the fraud and corruption case involving President Jacob Zuma. The former Chief Justice had given directions that various legal bodies should submit arguments. A Mail & Guardian Online report notes that in Hlophe's latest application he submitted that, with seven of the Constitutional Court justices directly involved in the case, and new Chief Justice Mogoeng Mogoeng involved in more recent attempts to mediate an out-of-court solution to the impasse, Zuma should appoint acting justices to the court to hear his case. Hlophe contended that section 175 (1) of the Constitution allowed the President to appoint acting judges 'if there is a vacancy or if a judge is absent'. Full Weekend Argus report Full Mail & Guardian Online report

However, an acting judge is expected to be appointed to the court next term - which would give the court the quorum it needs to hear argument on whether it can entertain the appeal from Hlophe. Last week, court directions announced that a hearing on the issue, set down for Thursday, had been postponed for a further two months because three justices 'find themselves unable to participate', notes a Business Day report. It points out that a postponement in the Constitutional Court - so late in the day and not at the request of the parties - is highly unusual. The report says it is unclear why three of the present justices found themselves unable to participate and, peculiarly, what had changed in the minds of the three since the case was originally set down for hearing last month. Full Business Day report