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The Hlophe Saga: Step by Step
Back in March 2005, Cape High Court Judge Siraj Desai disputed whether Oasis – a Cape Town financial services company linked to a trust headed by Cape Judge President John Hlophe – was properly granted Hlophe's consent to sue him for defamation. That request, and subsequent revelations that Hlophe was receiving a R10 000 monthly retainer (he allegedly received R500 000 in all) from Oasis, sparked a judicial debate around the ethics of a senior judge granting permission to a company paying him a monthly commission to pursue legal action against a colleague on the Bench, writes Legalbrief. The matter took nearly two and a half years to reach the point where the Judicial Service Commission finally decided - to the surprise of many right-thinking people – that Hlophe would not only avoid impeachment (which the JSC had been asked to consider) but would retain his position on the Cape Bench. Since then, he has been urged to resign by several high-ranking members of the Cape Bar and has been the subject of a withering attack by former Constitutional Court Judge Johann Kriegler. For the convenience of readers, the sequence of events in the Hlophe saga has been grouped chronologically on this page.
Advocates back Kriegler’s comments on Hlophe ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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A group of 17 senior advocates of the Johannesburg Bar Council have signed a petition supporting retired Judge Johann Kriegler’s recent comments on embattled Cape Judge President John Hlophe, says a report in the Sunday Times.
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| Lawyer blames whites for ‘smear campaign’ |
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The lawyer employed by the University of Cape Town to give it legal advice, Paul Ngobeni – found guilty of misconduct and barred from practising in three American states – claims news of his difficulties emerged only after he leapt to the defence of embattled Cape Judge President John Hlophe.
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| Advocate slams ‘disturbing behaviour’ of Cape Bar, JSC |
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In his appeal to the General Council of the Bar (GCB) against his suspension from membership of the Cape Bar Council (CBC) for professional misconduct – a sanction that was suspended for three years as long as he was not found guilty of a similar offence in that time – Advocate Peter Hazell SC argues that there are ‘alarming parallels to be drawn between the disturbing past behaviour of the CBC regarding my two complaints to it around the conduct of Judge Bennie Griesel and …the disturbing recent behaviour of the majority of the participating members of the Judicial Service Committee (JSC)’ in the matter of Cape Judge President John Hlophe.
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| Bar Council meeting boycotted over Hlophe issue |
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About 100 members of Advocates for Transformation boycotted the annual general meeting of the Johannesburg Bar Council yesterday in anticipation of the Bar calling for Cape Judge President John Hlophe's resignation.
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| We have the right to question JSC decision – advocate |
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Accusations that Cape Judge President John Hlophe’s ‘racist detractors are hell-bent on ignoring legal principles in their rush to lynch him’ by Paul Ngobeni, Deputy Registrar, Legal Services, at the University of Cape Town, in a recent article in the Cape Times, have been answered by Advocate Peter Hazell, who points out the Constitution entrenches freedom of expression, as well as the rule of law.
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| Questions raised about alleged Hlophe ‘racism incident’ |
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The Judicial Service Commission (JSC) remains under intense scrutiny despite its latest explanation – published in Friday’s edition of Legalbrief Today – of it decision not to pursue the impeachment of Cape Judge President John Hlophe.
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| Hlophe calls for ‘Africanisation’ of SA law |
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Beleaguered Cape Judge President John Hlophe, whose ethical transgressions have led to calls for his resignation, told the Black Lawyers Association in East London that transformation in the judiciary should be speeded up.
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| JSC defends Hlophe decision |
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The Judicial Service Commission has defended its position on Cape Judge President John Hlophe, saying its decision not to hold a formal public inquiry into complaints against the judge did not constitute an exoneration of Hlophe.
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| Complaints against Judge President Hlophe |
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1. Media reports and comments since the Commission's statement of 4 October 2007 indicate the need to enlarge on that statement so as to enhance the public understanding of the issues and to remove, as far as possible, the scope for further misconception.
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| Attorneys ask JSC for clarity on Hlophe |
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Two High Court attorneys, Daniel B le Roux and Max Ebrahim, have written to the Judicial Service Commission, urging it 'to take us into their confidence and to disclose fully the evidence on which it based its decision' in the Judge Hlophe matter.
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| Hlophe saga has put stress on judiciary – Nadel |
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The National Association of Democratic Lawyers (Nadel) has responded to the growing debate on the Judicial Services Commission’s (JSC) position on the Judge President of the Cape, John Hlophe.
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| More academics question JSC’s Hlophe decision |
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Members of the Stellenbosch University Law Faculty have joined the Cape Bar Council and University of Cape Town academics in questioning the way the Judicial Service Commission (JSC) has dealt with alleged misconduct by Cape Judge President John Hlophe.
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| Cape Bar rebuked by Kriegler over Hlophe |
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The Cape Bar Council has been criticised by retired Judge Johann Kriegler for not taking a stronger stand over Cape Judge President John Hlophe's ‘unethical’ and ‘damaging behaviour’.
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| Law academics question Hlophe’s fitness for the Bench |
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Another influential group has questioned whether Cape Judge President John Hlophe is fit to occupy his position as a member of the Bench. ‘Judge Hlophe should consider whether his continuation in high judicial office in our legal system will not further damage our constitutional democracy,’ a group of 14 academics from the Faculty of Law at the University of Cape Town said in a letter to the Cape Times.
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| Hlophe affair is spur to push through charter |
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Recent events in the judiciary, including the JSC’s decision not to formally investigate controversial Judge President of the Cape High Court, John Hlophe, may just provide the fodder Justice Minister Brigitte Mabandla needs to push forward with the controversial Legal Services Charter (LSC), says the Financial Mail.
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| Hlophe row divides legal profession |
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Following the withering attack on his conduct by retired Judge Johann Kriegler, who questioned his suitability for the Bench, the legal profession is divided over whether Cape Judge President John Hlophe has brought the judiciary into disrepute and whether he should resign, writes E-Brief News.
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| Top legal figures call for Hlophe to resign |
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The crisis engulfing Cape Judge President John Hlophe deepened yesterday when eight respected senior members of the Cape Bar Council wrote to the Cape Times in support of former Constitutional and Appeal Court Judge Johann Kriegler’s comment at the weekend that Hlophe was ‘unfit for the Bench’.
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| There cannot be public confidence in Judge Hlophe |
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We are all senior counsel in practice at the Cape Bar. Some of us are former chairs of the Bar, and of the General Council of the Bar of South Africa, and from time to time have served, too, as acting High Court judges.
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DA urges quick passing of Judicial Bill ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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The DA says the lack of legislation regulating the conduct of judges has resulted in Cape High Court Judge John Hlophe getting away with a ‘slap on the wrist’.
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| Complaint against Judge President Hlophe |
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The Judicial Service Commission (JSC) has for more than a year, been seized with various complaints against Judge President Hlophe of the Cape Provincial Division. The most serious of those complaints related to the receipt by JP Hlophe of payments form Oasis Group, allegedly without Ministerial consent, and its effect on his grant of permission to Oasis to sue Judge Desai for defamation.
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| Langa’s backing may let Hlophe off the hook |
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The support of Chief Justice Pius Langa could mean that Cape Judge President John Hlophe will escape censure from the Judicial Service Commission (JSC), says a Mail & Guardian Online report.
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JSC awaits Desai’s response on Hlophe probe ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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The ruling that will determine the future of Cape High Court Judge President John Hlophe has been delayed because one of his colleagues, Judge Siraj Desai, has not yet provided the Judicial Services Commission with crucial information relevant to the matter.
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| JSC to meet on Hlophe issue this week |
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The Judicial Service Commission (JSC) is to meet on Saturday to consider what further action, if any, will be taken about complaints against Judge John Hlophe, says a report on the News24 site.
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| Still no decision on Hlophe |
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The Judicial Service Commission was unable to reach a decision on a complaint about Cape Judge President John Hlophe at a four-hour meeting in Johannesburg at the weekend, says the Cape Argus.
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| Hlophe responds to JSC questions |
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Cape Judge President John Hlophe has responded to questions put to him by the Judicial Service Commission (JSC) regarding the relationship he had with investment group Oasis – almost a month after it was meant to be completed.
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| Hlophe denies he’s been caught out |
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Beleaguered John Hlophe, Judge President of the Cape, who seems to have sunk deeper into trouble after a newspaper report apparently containing ‘new facts’ relating to the money he was paid by an asset management firm, told The Sunday Independent there was ‘nothing new’ in the report and so he had nothing new to say.
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| Hlophe misses JSC deadline again |
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For the second time, Cape Judge President John Hlophe has failed to meet a deadline to answer questions about his controversial relationship with the investment group Oasis.
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No word yet on Hlophe’s response ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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There is still no clarity as to whether Cape Judge President John Hlophe has met the end of June deadline to reply to a set of questions from the Judicial Services Commission (JSC) about his involvement with asset management company Oasis.
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Time running out for judge to answer questions ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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Judge President of the Cape High Court John Hlophe is expected to provide answers at the end of this month to questions posed by the Judicial Services Commission about his financial relationship with the Oasis group.
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| JSC give Hlophe deadline to answer questions |
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Judge John Hlophe is to be asked to answer a set of questions related to the Oasis asset management group as the Judicial Service Commission (JSC) moves a step closer to a decision on whether to institute impeachment proceedings against the Cape Judge President.
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Oasis debacle casts pall over Cape judiciary ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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Oasis Group Holdings has emerged from years of legal battles which have exposed its payment of R500 000 to the Cape's top judge and resulted in it abandoning its pursuit of another judge looking petty, says a Business Report commentary.
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| Door opens for JSC probe of Hlophe |
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The way has been cleared for the Judicial Service Commission to conduct a proper investigation of allegations surrounding Cape Judge President John Hlophe and his relationship with Oasis, including his receipt of expenses from the group in his capacity as consultant.
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Hlophe’s impeachment matter on hold ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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The Judicial Service Commission (JSC) has decided to postpone a decision about impeachment proceedings against Cape Judge President John Hlophe pending the conclusion of the Oasis Group's court case against Judge Siraj Desai, where Hlophe might be called in as a witness.
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| DA wants Hlophe-Oasis probe re-opened |
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The DA has called on the Judicial Service Commission (JSC) to re-open its probe of Cape Judge President John Hlophe's acceptance of payments from the Oasis asset management group.
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Papers reveal Oasis paid Hlophe nearly R500 000 ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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Cape Judge President John Hlophe received nearly R500 000 in payments from financial group Oasis in five years, according to allegations in court papers in a defamation case against his fellow Judge Siraj Desai.
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Hlophe panel was ‘divided by race’ ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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A Mail & Guardian Online report says sources have revealed that the Judicial Service Commission (JSC) was reportedly split along racial lines as it examined the conflict of interest complaint against Cape Town Judge President John Hlophe.
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| Hlophe’s clearance raises questions |
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Cape Judge President John Hlophe has been cleared of wrongdoing over his receipt of a R10 000 monthly retainer for work done for the asset management group Oasis, according to a report on the News24 site.
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No decision on Hlophe payments probe ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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The Judicial Service Commission (JSC) is still investigating whether there are grounds to impeach Cape Judge President John Hlophe, it said yesterday, according to a report on the Mail & Guardian Online site.
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| JSC committee to meet over Hlophe complaints |
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Complaints against Western Cape Judge President John Hlophe for working outside his judicial functions will come under scrutiny again this week, when the Judicial Service Commission and its special investigating committee meet, says a Business Day report.
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Hlophe still under pressure ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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If it emerged that Cape Judge President John Hlophe was not telling the truth about getting permission from the late Justice Minister Dullah Omar to do extra-judicial work, it would be just another reason why he had no place on the Bench, says Advocate Peter Hazell who, in his personal capacity, has asked the Judicial Services Commission (JSC), to impeach Hlophe if he is found guilty of allegations of racism and receiving irregular payments from the Oasis group.
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JSC confirms Hlophe discussion next month ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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The Judicial Services Commission (JSC) has confirmed it is to discuss allegations relating to the controversial Cape Judge President John Hlophe's conduct at its bi-annual meeting next month, says a Cape Times report.
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Decision on Hlophe next month, says JSC ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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The Judicial Service Commission (JSC) which is investigating John Hlophe, the Cape Judge President, says the outcome of its investigation will be made known only next month, says an SABC News report.
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| Minister unable to confirm Hlophe’s claim |
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The Justice Department was unaware of Cape Judge President John Hlophe having received permission to hold outside business interests, according to a report on the Mail & Guardian Online site quoting Justice Minister Brigitte Mabandla.
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Hlophe has still not received questions from JSC ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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Cape Judge President John Hlophe, who is on long leave, says he has not yet received any documents with questions from the Judicial Services Commission (JSC) about his involvement with the Oasis Group.
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| Hlophe admits to other business interests |
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Controversial Cape Judge-President John Hlophe, who went on long leave after claims that he had failed to disclose business interests with Oasis Asset Management, had told the Cape Argus that he is involved in two other companies.
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| Hlophe denies retainer allegation |
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Cape Judge President John Hlophe has denied a claim that he received a R10 000 a month retainer from a company involved in a lawsuit against a fellow judge.
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Hlophe revelations set judge against judge ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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Latest revelations about payments made to Cape Judge President John Hlophe by a company that he allowed to sue a fellow judge have sparked a bitter row between Hlophe and his former friend, High Court Judge Siraj Desai.
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Hlophe asked to comment on retainer allegation ![Subscribers Only [L]](http://www.legalbrief.co.za/images/lock.gif) |
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The DA has asked Cape Judge President John Hlophe to comment on allegations contained in the latest noseweek magazine that he had received a monthly R10 000 retainer from asset management group Oasis while Judge President, reports I-Net Bridge.
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| Desai and Hlophe head for clash in defamation suit |
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Cape High Court Judge Siraj Desai is disputing whether a Cape Town company – which is linked to a trust headed by Cape Judge President John Hlophe – was properly granted Judge Hlophe's consent to sue him for defamation, according to a Cape Argus report.
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