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FUL to approach ConCourt over 'suspended' judge still working on Hlophe's watch

25 November 2020 12:39 PM
Tags:
Constitutional Court
Freedom Under Law
Judicial Service Commission
Cape Judge President John Hlophe
Judge John Hlophe
Judge Johann Kriegler
Judge Mushtak Parker
Wester Cape High Court

WC Judge President John Hlophe has allowed suspended judge Mushtak Parker to continue working, in defiance of the JSC, President Cyril Ramaphosa and the Office of the Chief Justice.

Suspended Western Cape Judge Mushtak Parker is still being allocated cases in the division and Freedom Under Law (FUL) says it will be taking legal action.

Last month, the Judicial Service Commission (JSC) recommended that Parker should be suspended until the Judicial Conduct Tribunal has made its findings against him.

Parker is facing possible impeachment for two complaints linked to his alleged misconduct and dishonesty.

RELATED: Ramaphosa advised to suspend WC high court judge over two misconduct complaints

Despite his suspension, which was signed off by President Cyril Ramaphosa, Parker is still being allocated court matters by Western Cape Judge President John Hlophe.

Retired Constitutional Court judge Johann Kriegler says the contempt and arrogance shown by Hlophe is astounding.

Kriegler, who's the chair of the FUL, says the NGO plans on approaching the Constitutional Court to challenge Parker's continued work of Hlophe's watch.

Freedom Under Law has decided to go court, we are going to get an interdict against judge Parker acting in breach of the Constitution... but which court do we go to?

Judge Johann Kriegler, Retired Constitutional Court Justice

We think we will have to go to the Constitutional Court to get an interdict against the judge president.

Judge Johann Kriegler, Retired Constitutional Court Justice

RELATED: Johann Kriegler: John Hlophe is not fit to be a judge, JSC hasn't dealt with him

At the same time, Hlophe is appealing the decision by Chief Justice Mogoeng Mogoeng that he should face the Judicial Conduct Tribunal over an alleged altercation between him and Parker in chambers last year.

Hlophe is meant to face a tribunal in early December, but Kriegler predicts that the Cape Judge President will dodge it by any means necessary.

This is a very, very serious situation when a judge president is actually breaching the law, flagrantly and contemptuously.

Judge Johann Kriegler, Retired Constitutional Court Justice

It's not only that the JSC made the recommendation, the President - acting in terms of the Constitution - suspended judge Parker just about a month ago.

Judge Johann Kriegler, Retired Constitutional Court Justice

To hear now that the Judge President is still allocating him work is astounding. It's breathtaking in its arrogance, in its lawlessness.

Judge Johann Kriegler, Retired Constitutional Court Justice

Listen to the discussion on Afternoon Drive with John Maytham:


25 November 2020 12:39 PM
Tags:
Constitutional Court
Freedom Under Law
Judicial Service Commission
Cape Judge President John Hlophe
Judge John Hlophe
Judge Johann Kriegler
Judge Mushtak Parker
Wester Cape High Court

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