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Beginning of article

said. "(Hlophe) can't return (to work) on his own terms."

In September, the Johannesburg High Court found that the Constitutional Court judges had violated Hlophe's constitutional rights by releasing, without first giving him a hearing, a media statement after submitting their complaint against him to the JSC.

Delivering the majority judgment, Judge Phineas Mojapelo said Hlophe's rights had been violated by the initial publication of the complaint on May 30 and until June 17, when the judges substantiated the complaint to the JSC.

The Constitutional Court judges were granted leave to appeal the ruling.

The high court judgment is also being used by …