Hlophe lodges challenge to both SCA judgments
Publish date: 06 May 2011
Issue Number: 2791
Diary: Legalbrief Today
Category: Constitutional
Western Cape Judge President John Hlophe has applied to the Constitutional Court for leave to appeal against two judgments of the SCA that set aside the JSC decision to clear him of allegations of gross misconduct.
A Business Day report says in the first case, involving Western Cape Premier Helen Zille, the SCA found Zille was entitled to be a member of the JSC when it took the decision. In yesterday's application to the Constitutional Court, Hlophe said the consequence of the Appeal Court's reasoning was 'absurd'. The second case Hlophe is challenging was brought by NGO Freedom Under Law - in which the SCA agreed that the JSC's decision was irrational. Full Business Day report