CASAC has urged the Deputy Chief Justice Raymond Zondo in his capacity as Chairperson of the Judicial Conduct Committee (JCC) of the Judicial Service Commission (JSC) to make public the processes and timeframes that will govern the complaints against Western Cape Judge President Hlophe and Judge Salie Hlophe by Deputy Judge President Patricia Goliath.
CASAC Executive Secretary, Lawson Naidoo states:

“The processes followed by the Judicial Service Commission, although outlined in the Judicial Service Commission Act, are opaque. Precedent has taught us that the Commission has relied on obfuscation and delay, kicking the can down the road, rather than discharging its constitutional mandate to investigate complaints against judicial officers expeditiously”
The serious allegations levelled against Hlophe JP and Salie-Hlophe J amounting to a charge of ‘serious misconduct’ demand urgent investigation and resolution. Noting that DCJ Zondo is presently primarily occupied with the Commission of Inquiry into State Capture, the demands on his time are onerous but we appeal to him to prioritise this matter. Any delays will only exacerbate concerns that the JSC is lackadaisical in dealing with complaints.

We also call upon Goliath DJP, Hlophe JP and Salie-Hlophe J to request being placing on special leave pending the outcome of this process. The JSC Act only allows the Judicial Conduct Tribunal (if and when the matter reaches it) to recommend to the President that they be placed under suspension. It is in the interests of fairness and justice that they recuse themselves immediately so as to also preserve the integrity of the judiciary, and in particular the Western Cape Division of the High Court.

In a statement issued on 29 January 2020 the JSC expressed its displeasure at receiving what it called “unsolicited guidance on how the JSC should deal with complaints”. We call upon the JSC to reconsider this unfortunate comment as it infringes on the values and principles of the Constitution, in particular accountability, responsiveness and openness. It sets a dangerous precedent of evading accountability.