According to the JSC, Western Cape JP John Hlophe compromised the independence of the constitutional court when he approached judges Bess Nkabinde and Chris Jafta in 2008 to convince them to give rulings in favour of former president Jacob Zuma.
In April, the tribunal unanimously found Hlophe guilty of gross misconduct for telling the two constitutional court judges that “you are our last hope” to save Zuma from his legal troubles.
Giving its reasons to uphold the tribunal’s recommendation, the JSC said: “The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice. On Thursday, the JSC delivered the majority and minority decisions in the matter to the parties involved and referred the matter to the National Assembly in terms of the relevant provisions of the Constitution and applicable legislation.
The JSC dismissed Hlophe’s justification of his conduct regarding Nkabinde and Jafta. In his evidence, Hlophe argued that formal deliberations, as well as private consultations and debates among judges, are and must remain confidential.
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