At 10 o’clock this morning Judge John Hlophe will be outdoing himself. The Judge President of the Western Cape High Court is slated to present an event that, even for him, must be uniquely ironic. He, of all people, will be officiating at a formal ceremony that celebrates the integrity of our judicial process.
Judge Hlophe is often in the headlines. Allegations of misconduct have been levelled against him for more than a decade, yet he has managed to side-step the consequences.
In January, however, things took a turn for the worse when his deputy filed a litany of complaints against him. One of these, vehemently denied by the judge, was that he had confronted a colleague, Judge Mushtak Parker, in his chambers and assaulted him. Judge Parker supported his Judge President’s denial – but unfortunately for both of them, it then transpired that Judge Parker had not only told several of his colleagues about an assault, but had recorded his complaint in an affidavit at the time.
Last month the Chief Justice ruled that this assault charge could warrant impeachment. Meanwhile Judge Parker is himself facing impeachment for acts of dishonesty. One of them, piquantly, is that he (on oath) gave “two contradictory and mutually exclusive versions about an incident which appears to have happened in his Chambers on 25 February 2019 between himself and Judge President Hlophe”.
In the result it became widely known that these two judges are alleged to have been untruthful to the committee investigating the charges against them, Judge Hlophe by having advanced a false defence on the assault allegation and Judge Parker by having loyally but falsely supported this implausible defence.
Understandably the judiciary and the legal profession were scandalised, particularly in the Western Cape that has had to put up with Judge Hlophe for so long. But he was to produce yet another scandal. Last week, in an act of brazen defiance, the Judge President designated himself and his collaborator to preside at the ceremonial induction of some 70 new legal practitioners. This was intended – and is clearly identified – as thumbing his nose at the head of the country’s judiciary.