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Not clear whether judges want open JSC hearing

Publish date: 16 July 2008
Issue Number: 2111
Diary: Legalbrief Today
Category: Corruption

It is still not clear whether the Constitutional Court judges or Western Cape Judge President John Hlophe would make submissions to the Judicial Service Commission (JSC) on whether the hearing into their dispute should be held in public, notes a Business Day report.

However, newspapers, the DA and the Freedom of Expression Institute (FXI) will be arguing that the hearings should be public. This follows an invitation by the commission to Hlophe, the judges of the Constitutional Court and 'interested parties' to make written submissions on the issue by next Tuesday. Chief Justice Pius Langa yesterday did not comment on whether the Constitutional Court judges would make any submissions. Lister Nuku, Hlophe's attorney, said Hlophe had not yet informed him if he intended to make submissions. The FXI, in a 5 July letter to the commission said: 'Only by conducting the hearings in an open forum will the best interests of both the participants and the public be served. Were the hearings to be held in camera, this would lead to speculation and allegations of an attempted cover-up, whether or not there was any foundation for such allegations.' According to a Beeld report, lawyer Pieter Conradie, acting on behalf of Media24, said the group's submission would rely on the community's constitunional right to be informed. Full Business Day report Full Beeld report

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