South Africa's Highest Court says judge behaved `improperly'

Posted on July 28, 2008


"It constitutes a grave threat to the institution of the judiciary, and accordingly to our constitution,'' Chief Justice Pius Langa said in a statement supporting a complaint to the Judicial Service Commission. The statement was made on June 17 and reported in the Johannesburg-based daily Business Day today.

Cape Judge President John Hlophe approached the two judges to question the legality of search-and-seizure raids on Zuma and his lawyers, according to the statement. Prosecutors accuse Zuma of taking bribes from arms dealers and charged him of fraud, corruption and tax evasion on Dec. 28. Zuma, who has denied any wrongdoing, was elected president of the African National Congress in December, ousting President Thabo Mbeki.

The statement was made on behalf of all 11 Constitutional Court judges.

``If the allegations are shown to be true, we're seeing the consequences of the battle for the ANC damaging crucial structures of democracy and society,'' said Nic Borain, a Cape Town-based political consultant for HSBC Holdings Plc.

Langa and Marumo Moerane, spokesman for the Judicial Service Commission, weren't immediately available for comment. Hlophe ``will deal with the issues in the proper forum, being the JSC and not the media,'' his lawyer Lister Nuku said.

If the Judicial Services Commission finds Hlophe guilty of ``gross misconduct,'' the matter, including the possible impeachment of the judge, becomes the responsibility of parliament, said Stuart Woolman, a law professor at the University of Pretoria.

``At this early stage, it's a positive sign that the Constitutional Court feels strong enough and independent enough and has sufficient political legitimacy to lay a complaint with the JSC against a sitting judge,'' said Woolman, who is also editor-in-chief of Constitutional Law of South Africa.

To contact the reporter on this story: Dylan Griffiths in Johannesburg at [email protected]

Last Updated: June 19, 2008 09:51 EDT Source: Bloomberg.com

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