Hlophe Being Sidelined by Minister for Political Reasons Says Supporter
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 Hlophe to claim R10 million in damages from the Constitutional Court judges for damaging his dignity and reputation.
The JSC has said it will not proceed with an investigation into the complaint against Hlophe until all legal processes are complete.
Media reports have suggested the JSC will hold a special meeting to discuss Hlophe's case before its regular April gathering, but a JSC spokesperson could not be reached to confirm this yesterday.
The University of Cape Town's deputy registrar for legal affairs, Paul Ngobeni - who has been described in some media reports as Hlophe's legal adviser but who told the Cape Times yesterday he was merely "a supporter of Hlophe" - said the Cape Judge President had "an absolute right" to return to work.
"A minister can't convert voluntary leave into a de facto suspension," Ngobeni said. …