The Judicial Service Commission has dismissed Cape Judge President John Hlophe's application for the recusal of five commissioners from handling the Constitutional Court's complaint against him.
The commission said on Tuesday that Hlophe applied on July 5 for the recusal of JSC members Judge Craig Howie, advocate George Bizos, advocate Milton Seligson, advocate Kgomotso Moroka, and attorney Julian von Klemperer.
The Constitutional Court lodged a complaint with the JSC in June alleging that Hlophe had attempted to influence Judge Bess Nkabinde and acting Judge Chris Jafta on the pending judgment relating to ANC president Jacob Zuma's challenge to the validity of warrants and a letter of request relating to his forthcoming corruption trial.
Hlophe lodged a counter complaint that the court abused his rights when making the matter public, and the JSC is due to hear oral argument on the matter.
In his recusal application, Hlophe said that according to press reports, these commissioners had "adopted a stand averse to him" during the Oasis matter and so could not apply an open mind.
In that case, Hlophe was accused of receiving money from the Oasis group without the Justice Minister 's permission and the JSC was asked to consider an ethics complaint.
The JSC said that Hlophe had not produced the press reports and because it had not made a finding on the complaint, there could be no prior averse findings.
Hlophe had said that Bizos was mentioned in his report to the Justice Minister over racism in the judiciary several years ago, but the JSC said that being mentioned without context or significant consequence did not render an apprehension of bias reasonable.
Hlophe had wanted Howie recused because he had heard Zuma's appeal to the Supreme Court of Appeal, which is now before the Constitutional Court, and because he was a colleague of Jafta, who was a permanent member of the SCA.
He believed Howie could not have an open mind on the matter, but this was rejected by the JSC.
The JSC believed a head of court could not have any legal interest in the appellate result of a case on appeal from his own court.
"For these reasons, the recusal application was dismissed," the JSC said.
The commission said on Tuesday that Hlophe applied on July 5 for the recusal of JSC members Judge Craig Howie, advocate George Bizos, advocate Milton Seligson, advocate Kgomotso Moroka, and attorney Julian von Klemperer.
The Constitutional Court lodged a complaint with the JSC in June alleging that Hlophe had attempted to influence Judge Bess Nkabinde and acting Judge Chris Jafta on the pending judgment relating to ANC president Jacob Zuma's challenge to the validity of warrants and a letter of request relating to his forthcoming corruption trial.
Hlophe lodged a counter complaint that the court abused his rights when making the matter public, and the JSC is due to hear oral argument on the matter.
In his recusal application, Hlophe said that according to press reports, these commissioners had "adopted a stand averse to him" during the Oasis matter and so could not apply an open mind.
In that case, Hlophe was accused of receiving money from the Oasis group without the Justice Minister 's permission and the JSC was asked to consider an ethics complaint.
The JSC said that Hlophe had not produced the press reports and because it had not made a finding on the complaint, there could be no prior averse findings.
Hlophe had said that Bizos was mentioned in his report to the Justice Minister over racism in the judiciary several years ago, but the JSC said that being mentioned without context or significant consequence did not render an apprehension of bias reasonable.
Hlophe had wanted Howie recused because he had heard Zuma's appeal to the Supreme Court of Appeal, which is now before the Constitutional Court, and because he was a colleague of Jafta, who was a permanent member of the SCA.
He believed Howie could not have an open mind on the matter, but this was rejected by the JSC.
The JSC believed a head of court could not have any legal interest in the appellate result of a case on appeal from his own court.
"For these reasons, the recusal application was dismissed," the JSC said.
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