Cape Judge President John Hlophe wants R10-million in damages from the Constitutional Court, the Saturday Star and Weekender newspapers report.
In an unprecedented letter of demand sent by Hlophe’s lawyers to Chief Justice Pius Langa, the Constitutional Court judges are accused of damaging Hlophe’s “dignity and reputation”.
In May, the court’s judges laid a complaint with the Judicial Service Commission (JSC) and released a public statement charging that Hlophe allegedly tried to improperly influence Judge
Bess Nkabindeand acting Judge Chris Jafta in a case related to corruption charges against African National Congress leader Jacob Zuma.
Last month, Hlophe won a Johannesburg High court case against the Constitutional Court judges when Judge Phineas Mojapelo ruled that the court had infringed on Hlophe’s dignity by making the public complaint about his alleged interference.
On Friday, the Constitutional Court filed leave to appeal against the Johannesburg High Court ruling. The letter was part of the addendum to its appeal.
Hlophe’s lawyer, Lister Nuku, says in the letter that the Constitutional Court judges “made untested allegations of gross judicial misconduct against [Hlophe]”.
The letter says their media statement was “deliberate, and aimed at injuring [Hlophe’s] personality rights, thus forcing him to resign from his position as a judge”.
“Without conveying the factual basis for such damaging allegations, it is the only reasonable conclusion that the Constitutional Court judges were deliberately negligent and leveraged on their judicial status to mobilise vicious and vindictive public views against [Hlophe] with the sole aim of forcing him to resign from his position as a judge.”
The letter also says that as a result of the publication of the media statement, Hlophe “is associated with corruption, judicial indiscipline, scandals and lack of judgement and discernment. The damage to [his] reputation … is extensive and deep.”
– SAPA
