The Judicial Service Commission (JSC) has decided to appeal against a Cape High Court ruling that overturned its decision to dismiss gross misconduct charges against Cape Judge President John Hlophe.

"We will file an application for an appeal," JSC spokesperson Dumisa Ntsebeza said.

Asked whether the decision to do so was unanimous, he responded: "There was sufficient consensus".

Ntsebeza did not disclose the grounds for the appeal, saying that it would be set out in the application.

On April 19, the Cape High Court declared that the commission's decision to dismiss charges against Hlophe unconstitutional and invalid.

Judges of the Constitutional Court had accused Hlophe of trying to influence a ruling they were about to make on President Jacob Zuma.

The High Court challenge was brought by Western Cape Premier and Democratic Alliance leader Helen Zille.

The ruling upheld her argument that, as Premier, she had been entitled to be part of the JSC when it made its decision on Hlophe.

Zille said in reaction that the JSC would now have to redo the process, and that she expected an invite to attend.

The JSC was using taxpayers' money to duck its responsibilities, she said in a statement.

"While the JSC is within its rights to apply for leave to appeal, they are going against the advice of most legal experts in doing so."

She said it was clear that the JSC sought to drag the matter out as long as possible, "following the example of President Jacob Zuma who successfully delayed his own court appearances until the charges against him were inexplicably withdrawn".

"The JSC is clearly determined to avoid being properly constituted before they take the decision on whether to investigate the serious allegations against Hlophe by two judges of the Constitutional Court."