Johannesburg — If we didn't know better, we'd have to conclude that some in the South African judiciary are hellbent on undermining the credibility of their own institution.

The South Gauteng High Court's ruling that the Judicial Service Commission's (JSC's) refusal to postpone its hearing into the Constitutional Court judges' complaints against Western Cape Judge President John Hlophe violated his right to a fair hearing was disturbing not only because the bench was split -- yet again -- along racial lines, but also because Hlophe's case was so obviously paper thin.

He had claimed he was too ill to attend the JSC hearing, and it seems the majority of the high court judges took him at his word, despite the fact that his own doctor's note indicated that his symptoms should have cleared up by the time the hearing eventually got going in Hlophe's absence almost a week later.

Fortunately, we do know better than to leap to conclusions about what motivates judges based on what appears at face value to be a puzzling call. The judges presumably gave Hlophe the benefit of the doubt, erring on the side of caution given the importance of the individual's right to a fair hearing. Still, they won't have done SA's beleaguered justice system any favours if Hlophe takes their ruling as encouragement to continue his war of attrition against the Constitutional Court judges, which is clearly aimed at avoiding having to answer the serious accusations of political interference they have made against him.

Enough damage has been done to the judiciary's reputation without Hlophe being allowed to succeed in provoking a constitutional crisis by pitting the various courts and judicial institutions against each other.

As it turns out, the high court decision is a Pyrrhic victory for Hlophe, because he failed to stop the JSC hearings from going ahead, even if they have to start from scratch. Given his conduct so far, it is safe to assume that there will be further delaying tactics, and more attempts to undermine the judiciary and so prevent his fellow judges from serving their function as defined by the constitution. Fortunately, Hlophe is starting to run out of options.