17 June 2008
The Hon Deputy Chairperson of the Judicial Service Commission: Justice CT Howie
Judicial Service Commission
Private Bag Xl
Dear Judge Howie
COMPLAINT AGAINST HLOPHE JP
In response to your letter of 12 June 2008 [see here], I can now inform you as follows. On 16 June the judges of the Constitutional Court (including Nkabinde J and Jafta AJ) met. Their response is:
- The judges do pursue their complaint against Hlophe JP that was lodged on 30 May 2008.
- We attach a set of statements in support of the complaint. The main consolidated statement on behalf of the judges is made by me. Statements confirming the correctness of my statement insofar as it relates to them are furnished by Moseneke DJ, Jafta AJ, Mokgoro J , Nkabinde J and O'Regan J. If the Commission requires, confirming statements by other judges will be furnished.
- I also attach a response to the complaint by Hlophe JP signed by me on behalf of all the judges.
Given the obvious public interest in this matter, the judges have no objection to the Commission releasing those statements to the media. While respecting the Commission's call for confidentiality, the judges feel that it would not be inappropriate for the statements to be released in the current circumstances so as to inform the public of the basis of the complaint to avoid further harm being caused to the institution of the judiciary.
P N Langa