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ACDP: Statement by Kenneth Meshoe, leader of the African Christian Democratic Party, in support of Freedom Under Law’s decision to take the JSC to court (08/09/2009)

8th September 2009

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Rev KRJ Meshoe, MP and ACDP President today added support to retired Judge Johann Kriegler's decision to challenge JSC's decision on Hlophe matter:
"As previously stated, the ACDP is extremely disappointed that the Judicial Service Commission decided not to proceed with a formal misconduct enquiry against Western Cape Judge President, John Hlophe.

We are equally disappointed by reports that senior legal counsel Dumisa Ntsebeza has accused retired judge Johann Kriegler of " patronizing black people in his campaign against the judicial services commission" and reports that Rhema church leader Pastor Ray McCauley slammed Johann Kriegler's court bid, calling it an "open attack on the integrity of the Judicial Services Commission" and also accusing Archbishop Emeritus Desmond Tutu and Johann Kriegler of waging "a personal vendetta against judge Hlophe.

The ACDP believes that leaving serious accusations hanging in the air against any judge will badly tarnish the credibility of our justice system. That is why we support the Freedom Under Law's decision to take the JSC to court over its decision not to properly investigate complaints against the WC judge president. We agree with the judge Johann Kriegler, who was reported in the Sunday Times to have said that the reasoning by the JSC that cross examination would be pointless because each side would simply stick to their version "boggled the mind". Questioning witnesses was how courts for thousands of years had tested the veracity of witnesses and the context of events". This was the minority view of the JCS which we support.

The ACDP supports the review application to be brought By Freedom Under Law, as, should it succeed, it will enable a formal enquiry to be held which will resolve disputes of fact that have been left hanging in the air. This, we believe, will go a long way to protect the independence of the judiciary and the rule of law in our country".

 

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