Ex Constitutional Court judge Johann Kriegler on why Hlophe is not untouchable

Johann Kriegler is a retired justice of the Constitutional Court and a supporter of the Johannesburg bar. Kriegler signed up with the BizNews Power Hour, sharing his views on Judge Hlophe and the immediate requirement for his suspension by the Judicial Service Commission.

Johann Kriegler on South Africa:

We remain in a poor location, however we remained in a considerably even worse location previously. We dropped a great deal of the catches given that 1994, however we’re still in a much better video game, no doubt.

Johann Kriegler on Flexibility Under Law:

Flexibility Under Law is a civil society organisation. We have to do with a lots legal representatives in this nation, Zimbabwe and in Namibia who do things to promote the guideline of law. We’re especially thinking about the administration of justice in the nations. We likewise have an existence in Botswana, however that’s a steady society. We truly do not have issues there. We have actually focused on the state of the judiciary, the courts and much of our effort has actually been concentrated on Judge President John Hlophe– even prior to his offering into the constitutional court and hi’s lobbying for his customer, Zuma.

He was an uncertain character currently. Others will remember returning to his taking cash out of the counter from a banks that was doing organization in his jurisdiction’ he got a really light slap on the wrist almost 20 years back. When we struck the headings with his lobbying on Braamfontein Hill, he was no newbie to us or the papers.

Johann Kriegler on Judge President John Hlophe:

When it comes to Judge Hlophe, they to start with– method back– attempted to bury the important things. They concerned the conclusion that he stated ‘A’ and the 2 judges that he had spoken with stated ‘B’ and who could choose? They closed down the program. We then took that to court– however we lost out in the very first circumstances. We then took it on appeal. We got an order stating the Judicial Service Commission can not duck its task. Its got to handle the matter.

That was method back, 12 or13 It then got stuck at the consultation of the tribunal. The treatments that needed to be followed– for some factor or another– with, sometimes, the active company of Judge Hlophe, the matter never ever got to an official hearing up until December in 2015. The tribunal sat, it heard proof, heard the judges and it heard Judge Hlophe and it came to a conclusion. It pertained to the conclusion that he had, in truth, attempted to encourage the 2 judges to alter their judgment in a case including, at that phase, Mr Zuma (not yet president).

The case, in fact, that was because of meet him next month– which appears is going to be delayed once again since his legal representatives have actually left him. That held true that we stated must be pursued. It has actually now been pursued. The matter is prior to the Judicial Service Commission once again.

Johann Kriegler on Hlophe still doing his task in spite of being condemned of misbehavior:

There is a system to suspend the judge– versus whom such a case is going. The Judicial Service Commission (for some factor or another) is not prepared to advise to the president that he be suspended. We stated that ought to have been done a very long time back– a minimum of at the extremely most current, now that we have actually had this finding. You state he is doing his task. He’s the judge president. He is the guy in control of a department of the High Court.

His impact, his existence and his governance of the department is incredibly hazardous to the administration of justice. To have the senior judge in the earliest department of the High court living under this type of indictment is very humiliating to all worried. They need to suspend. They must have chosen it [and] that we are going to push that they do handle this concern now.

Johann Kriegler on what requires to be done:

A great deal of public pressure. Public indignation and public pressure on public agents. The Judicial Service Commission has actually ended up being politicised– although the members exist as agents of parliament, not as members of political celebrations. Particular political leaders have actually been playing celebration politics there. They need to be put under public pressure to understand that their task, under their oath of workplace, is to handle this matter calmly [and] logically on its benefits.

Is it certainly appropriate that a judge could attempt to bully 2 young junior judges of the Constitutional Court in favour of his political sponsor? We state it’s beating completions of justice. It’s exceptionally severe. We want the members of the commission to be made to understand that the stability of the judiciary of South Africa– on which depends upon the stability of the constitutional democracy that we are running– remains in jeopardy. If you play politics, when one guy who occurs to be politically linked and has pals in high locations, actions over the traces and is not handled adequate firmness and expeditious judgment rapidly.

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