South Africa: Goliath v Hlophe - Chief Justice Stays Out of the Fray

analysis

The chief justice says that, despite the public perception, he is not legally empowered to act against Western Cape Judge President John Hlophe.

Chief Justice Mogoeng Mogoeng has informed the Cape Bar Council that the Judicial Conduct Committee will be dealing with a gross misconduct complaint lodged by Western Cape Deputy Judge President Patricia Goliath against Western Cape Judge President John Hlophe.

In response to a letter by the Cape Bar Council calling for the chief justice to place three judges on leave at the start of the court term, and while complaints of misconduct are investigated, Mogoeng said he was not aware of any legal framework that empowered him to do so.

"Where I am legally empowered to act, I will not hesitate to do so. But, legality forbids that any of us acts to please the public that assumes that the power to do what they think is right has been assigned, when it is in reality not so," responded Mogoeng.

The Cape Bar Council wrote to Mogoeng on 26 January calling for Goliath, Hlophe, a judge who was allegedly assaulted, as well as Judge Gayaat Salie-Hlophe to refrain from performing their functions in the meantime. This was...

See What Everyone is Watching

More From: Daily Maverick

Don't Miss

AllAfrica publishes around 800 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.