Hlophe’s clearance raises questions

There was no evidence to contradict his assertion that he received oral permission to do so from the since deceased former Justice Minister Dullah Omar, the Judicial Service Commission (JSC) found in a ruling that raised more questions than answers. After the allegations against him became public, Hlophe said the money was for out-of-pocket expenses he incurred as a trustee of the Oasis Crescent Retirement Fund. While he claimed Omar had given him permission to serve as a trustee, Justice and Constitutional Development Minister Brigitte Mabandla said she could find no record of this permission. Recommending urgent legislation clarifying the circumstances under which such permission may be given, the JSC suggested that judges seek and receive any such permission in writing. Full report on the News24 site

The JSC has been divided over the issue since its last meeting in October, when members differed over whether the complaint was serious enough to warrant a formal impeachment inquiry in terms of Section 177 of the Constitution. The decision not to pursue the matter was not unanimous, according to a Cape Argus report. In its statement the JSC said it noted that another complaint against Hlophe by Cape Advocate Peter Hazell could not be finalised until the judge replied to a request for information. The Cabinet last month approved a draft Bill that will ban judges from moonlighting and makes it compulsory for them and their spouses to declare their assets and financial interests. Full Cape Argus report

Reaction has been mixed, with Lawyers for Human Rights saying the legal fraternity should accept the decision. Rudolph Jansen, SA Lawyers for Human Rights director, says his organisation\'s interest in the matter has always related to the principle of the matter of judges receiving a remuneration from outside sources, it has certainly never been aimed at Hlophe as such and they must certainly accept that. However, according to an SABC News report, Douglas Gibson, the DA Chief Whip, said despite the JSC\'s decision, Hlophe should resign. Gibson says: ‘I apologise to the people of SA for voting for Hlophe when I was a member of the Judicial Services Commission, I made a mistake.’ A Freedom Front Plus statement, quoted in a report on the News24 site, describes the finding as ‘amazing’. Its spokesperson, Dr Frik van Heerden, says the finding raises more question. He queried whether Hlophe\'s assertion was under oath and said that the JSC\'s reference to ‘evidence at present available’ left the door open and that the cloud over Hlophe\'s credibility was getting darker. ‘The cloud is now unfortunately and regrettably also moving to the credibility of the JSC to investigate complaints against judges thoroughly.’ Full report on the News24 site Full SABC News report