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FF Plus: Statement by Frik van Heerden, Freedom Front Plus spokesperson on justice, calling for the suspension of John Hlophe (13/08/2009)

13th August 2009

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The FF Plus calls on pres Zuma to, in the light of his alleged latest comments, suspend judge Hlope in terms of Section 177(3) of the Constitution pending a final outcome of the Judicial Services Commission's (JSC) investigation.

Hlope's latest attack, according to reports in the M&G, is clearly a breach of the oath which judges have to take, i.e. to respect and protect the Constitution [Section 174(8) annexure 2(6)(1)].

Personal differences exist on all levels of life - also in the highest court of the country. It may however never detract from the functioning of the courts and certainly and absolutely not infringe on a pledge. Hlope falsely swore when he took the oath, i.e. to respect the Constitution.

The Constitutional Court has been in existence for the past 15 years and has delivered popular and unpopular decisions, which in the interest of order, have been accepted. By alleging this - as Hlope is allegedly doing - that the judges of Constitutional Court is" perpetuating white justice and Eurocentric jurisprudence" - according to the report, is an allegation without substance and in conflict with the spirit and intention of the constitution as contained in a number of sections.

His ambition to become the chief justice or even a judge in the Constitutional Court surpasses his abilities as a suitable person to serve the judiciary.

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