In the battle to eradicate poverty in SA, its leaders should take a firmer stand on the key issues of judicial independence and property rights, the DA said yesterday.

Not just Polokwane

Not since the 1950s has there been such a sustained attack on the highest court. Then the attack was the result of a clash between pushing through political ideology on the one hand and a court's determination to preserve its own independence on the other. There the battle was fought out in the courts in what is known as the 'High Court of Parliament' case.

ANC president Jacob Zuma has finally broken his silence on the stand-off created by the ANC and its alliance partners with the judiciary, reaffirming his party's faith in the Bench, but adding it was not above criticism and transformation.

President Thabo Mbeki has written a letter to South Africa's last white president FW de Klerk, assuring him that the state is committed to judicial independence.

Former President FW de Klerk has urged President Thabo Mbeki to act to protect the judiciary from attack in line with his constitutional duty as head of state.

The Constitution and the judiciary are not 'God-ordained entities that function outside the realm and exigencies of an evolving society', says Thami Ka Plaatjie, acting president of the PAC, in an attack on the conduct of Justice Pius Langa in The Star.

Whether South Africa's President-in-waiting Jacob Zuma should be prosecuted for corruption is dividing the nation, writes E-Brief News. Newspapers have devoted acres of space to the debate, which sets those who advocate that the rule of law should be allowed to take its course against the Zuma faction in the African National Congress (ANC), which says any trial of the ruling party president will be unfair, given the length of time the matter has been kicked around in the courts and allegations - without an iota of hard evidence - that Zuma is being set up by President Thabo Mbeki.

In another dramatic week for politicians and the judiciary in South Africa, a commission of inquiry set up by a provincial Premier and headed by a High Court judge was found by a full Bench of the High Court to be unconstitutional and a means to achieve a political end, writes E-Brief News.

University of South Africa Vice-Chancellor Barney Pityana has condemned the recent flood of criticism of the judiciary and academics by ANC alliance leaders in a report in The Times. He also cautions against the use of the language of violence, saying this is undermining 'that which we purport to advance'.

Leading members of the legal profession interviewed for a Mail & Guardian report have dismissed suggestions that the Constitutional Court is in disarray and that it suffers from poor leadership. They were responding to media suggestions this week that the reluctance of leading figures from the legal profession to serve in the country's highest court was a reaction to low morale and a lack of leadership by Chief Justice Pius Langa.

Former Chief Justice Arthur Chaskalson has dismissed suggestions that the turmoil surrounding the Constitutional Court is scaring away candidates for appointment to the court. In an interview with The Times yesterday, Chaskalson said many factors - including a daunting public interview - could explain why only five candidates applied for a vacancy on the Constitutional Court Bench.

Former Chief Justice Arthur Chaskalson has defended the judiciary, which has been under attack from various members of the ANC and its alliance partners in recent weeks.

It is a 'media myth' that Cosatu does not respect the independence of the judiciary, the union's general secretary Zwelinzima Vavi said on Wednesday.

The Law Society of South Africa (LSSA) has repeated its call for respect for the judiciary and for a cessation of attacks on judges in their personal capacities, says a LSSA in a statement on the Legalbrief Today site.

Chief Justice Pius Langa says judges should be protected from unjustified attacks. His comments follow a stream of criticism of the judiciary, particularly from the ruling ANC and its alliance partners, notes a report on the SABC News site. Langa says criticism of the judiciary should be informed and have merit.

The seeds of the ongoing political assault on the judiciary were sown in 1994, when the ANC used race to bring the judges to heel, former DA leader Tony Leon argues in a report in the Mail & Guardian.

Ten years ago in an article published in the South African Journal on Human Rights, Prof. Karl Klare - a leading intellectual light in the critical legal studies movement - described the South African Constitution as a transformative document.

The seeds of the ongoing political assault on the judiciary were sown in 1994, when the ANC used race to bring the judges to heel, former DA leader Tony Leon argues in a report in the Mail & Guardian.

The Law Society of South Africa (LSSA) has repeated its call for respect for the judiciary and for a cessation of attacks on judges in their personal capacities, says a LSSA in a statement on the Legalbrief Today site.

A political backlash against lawyers and judges is gaining momentum following last week's Cape High Court ruling suspending the Road Accident Fund's new payment system, writes E-Brief News. Yesterday the SA Commuter Organisation (Saco), the SA National Civic Organisation and the SA Transport and Allied Workers Union (Satawu) slammed the court's ruling overturning the RAF system that would have seen compensation paid directly into the bank accounts of victims as opposed to those of their lawyers.

The Road Accident Fund's (RAF) chief executive, Jacob Modise, has become the latest public figure to openly criticise the judiciary, accusing the Cape Acting Judge President of bias, says a Cape Times report.

President Thabo Mbeki should appoint an independent judicial inquiry to probe whether SA multi-billion rand arms deal was corrupt, say an editorial in the Sunday Times, pointing out that such an inquiry has been demanded by local political parties, religious leaders and anti-corruption activists.

Yunis and Mo Shaik are seeking the release of their brother, Schabir, into correctional supervision at home or 'some kind of parole'.

The General Council of the Bar, calling for an end to 'intemperate and ill-considered' attacks on the judiciary, says it is 'deeply concerned by the failure of national leaders to condemn' such attacks.

Council members of the Law Society of South Africa (LSSA) have expressed grave concern at the unrelenting, improper and thoughtless attacks on the Chief Justice, the judiciary and other institutions of justice in recent weeks.

The ANC's unrelenting attack on the NPA and the judiciary continued outside the Pietermaritzburg High Court yesterday while the party's president Jacob Zuma asked the court to scrap his corruption case. A report in Business Day says that while Zuma's legal team did battle inside the court, his backers went on the attack by criticising the case, putting the party on a collision course with the judiciary.

Chief Justice and head of the Constitutional Court Pius Langa has called on every state organ and component of civil society to defend the independence of the judiciary, says a City Press report. Langa, who was delivering the KwaZulu-Natal Law Society's Inaugural Ismail Mahomed Memorial lecture on Friday, lashed out at those who have criticised the judiciary.

The long-awaited Constitutional Court judgment on the validity of searches relating to the corruption investigation against ANC president Jacob Zuma and arms company Thint - described by one academic as the most important decision in the court's history - will be handed down today.

One who believes Zuma has a strong argument is Johannesburg legal consultant Brenda Wardle. In an article in Business Day she points out that Section 35(3)(d) of the Constitution guarantees the right to a speedy trial thus; that the interim Constitution of 1993 contained a corresponding provision for a 'public trial within a reasonable time after having been charged'; and that both the Canadian Charter and the US Constitution contain similar provisions.

Attacks on judges threaten the foundation of the rule of law, the General Council of the Bar of SA said yesterday.

Noting that the future of the constitutional project depends on co-operation rather than confrontation between the government and the courts, the Mail & Guardian Online's Serjeant at the Bar columnist holds out little optimism for the future well-being of the Constitution following recent attacks on the judiciary by the ANC and its cohorts in the alliance.

With just a week to go before his bid to halt his corruption trial is heard by the Pietermaritzburg High Court, ANC president Jacob Zuma says undermining the independence of the judiciary is a threat to democracy.

Cape Judge President John Hlophe has described his action against Constitutional Court judges - he has approached the Johannesburg High Court to declare the action by the Constitutional Court judges of laying a complaint against him without affording him an opportunity to reply unlawful - as the most difficult decision he has ever had to make.

There are compelling reasons why it would offend the Constitution for the JSC hearing into the matter involving Cape Judge President John Hlophe and the Constitutional Court justices to be held in secret, argues Mario Milo, a partner at Webber Wentzel, in an article in The Independent on Sunday.

With the start of Jacob Zuma's corruption trial just over a week away, the public defence of the ANC president has reached a crescendo of intensity, with the judiciary, the National Intelligence Agency (NIA) and the NPA all taking flak in different forums yesterday, writes E-Brief News.

Cape Judge President John Hlophe knows he is wading into 'uncharted territory' but has told the High Court that he has 'no choice' but to ask it for relief against what he believes is the unconstitutional conduct of the country's top judges, including Chief Justice Pius Langa.

Professor George Devenish, of the University of KwaZulu-Natal, has entered the fray in the saga involving Constitutional Court judges and Cape Judge President John Hlophe. In a letter in Business Day, he says the integrity and esteem of the Constitutional Court 'has been impugned in no small manner, as was epitomised by ANC Secretary-General Gwede Mantashe's rash and scurrilous accusation that the court has a counter-revolutionary agenda.'

It is understandable that proposals by the ANC to radically reorganise the judiciary will be viewed with alarm by those who understand and value the importance of an independent and impartial judiciary for a constitutional democracy.

In an in an insightful analysis in Business Day, Anthony Butler, an academic at UCT, takes sides with ANC secretary-general Gwede Mantashe, arguing judges cannot be 'treated as sacrosanct'.

In a rambling attack on the judiciary on the politicsweb site, Solly Mapaila, of the SA Communist Party, says it is 'reeling from one crisis to another'.

Three Media24 newspapers have submitted a request to the Judicial Service Commission for the hearings on the matters of Cape Judge President John Hlophe and the Constitutional Court to be held in public. According to a Beeld report, the paper and its two sister publications, Die Burger and Volksblad, made the submission on Friday.

It is still not clear whether the Constitutional Court judges or Western Cape Judge President John Hlophe would make submissions to the Judicial Service Commission (JSC) on whether the hearing into their dispute should be held in public, notes a Business Day report.

The ANC says it will defend and support the 'independence, integrity and credibility' of state institutions and the judiciary, but also believes that free expression on the conduct of public officials contributes to 'vibrant debate'. A Business Day report quotes ANC secretary-general Gwede Mantashe as saying the protection and defence of the judiciary 'cannot mean we remain quiet about how they do their work.

The ANC has shrugged off criticisms that recent remarks by its Secretary-General, Gwede Mantashe, amounted to an attack on the independence of the judiciary.

African National Congress (ANC) President Jacob Zuma says he has never acted 'unconstitutionally' and denies the ruling party is on a collision course with the judiciary, says a Business Day report. Neither is SA headed for a constitutional crisis, as has been suggested by some, he says.

Transformation of the judiciary is high on the ANC's agenda, and discussions about the possibility of merging the Constitutional Court and the Supreme Court of Appeal (SCA) are under way. The proposals are contained in a draft discussion document entitled 'Policy on the Transformation of the Administration of Justice', notes a Sunday Times report.

The Heads of Court have called for media restraint in publishing comment of the stand-off between the Constitutional court and Cape Judge President John Hlophe.

The Judicial Service Commission's (JSC's) statement after it met on Saturday on two complaints involving judges of the Constitutional Court and Western Cape Judge President John Hlophe revealed more by what it did not say than by what it said.

The ruling African National Congress' unrelenting attacks on the country's top judges are being seen as an important test of the judiciary's independence and a threat to the country's democracy.

The Judicial Service Commission (JSC) will for the first time hold an inquiry that could be the prelude to the impeachment of a judge, after it rejected a request that five of its members should recuse themselves, says a report in the The Sunday Independent.

Western Cape Judge President John Hlophe says the Constitutional Court's public statement accusing him of gross misconduct may have compromised the Judicial Service Commission's ability to give him a fair hearing, says a Cape Times report.

Cape Judge President John Hlophe has accused the country's top judges of not only lying to the public, but of exerting improper influence upon their junior colleagues in their campaign to remove him from office.

Cape Judge President John Hlophe has filed his response with the Judicial Service Commission (JSC) following a complaint against him by Constitutional Court judges.

ANC president Jacob Zuma's prosecutors say they don't share his concerns about the Cape Judge President John Hlophe debacle and its possible impact on the Constitutional Court's credibility.

President-in-waiting Jacob Zuma's bid to fight off fraud and corruption charges has taken yet another extraordinary turn - with his lawyer writing to the Constitutional Court in a move that seems certain to have consequences for the Bench.

Cape Judge President John Hlophe's alleged claim that he has 'national intelligence connections' and that he knew what was going on in the Constitutional Court has raised concerns that the country's top judges are being spied on, writes E-Brief News.

Acting Constitutional Court Judge Chris Jafta may be forced to divulge details of a private conversation that Cape Judge President John Hlophe had with him, suggests a Sunday Times report.

The most grievous damage inflicted by the ANC's leadership struggle is the growing political contamination of our legal system, says a Mail & Guardian editorial.

Cape Judge President John Hlophe's alleged claim that he has 'national intelligence connections' and that he knew what was going on in the Constitutional Court has raised concerns that the country's top judges are being spied on, writes E-Brief News.

Details of Cape Judge President John Hlophe's alleged efforts to influence the Constitutional Court to look kindly on ANC president Jacob Zuma's appeal against the validity of search and seizure warrants used to unearth information to be used against him at his corruption trial in August, have been laid bare in today's issue of Business Day, writes E-Brief News.

It has taken a while, but the Constitutional Court appears finally to have convinced all and sundry that it is speaking with one voice on the issue of its complaint against Cape Judge President John Hlophe when a few days ago, courtesy of strategically placed leaks to the media, it looked as if it was split.

The Constitutional Court, which yesterday handed a 27-page document relating to its complaint against Cape Judge President John Hlophe to the Judicial Service Commission, is presenting a determined, united front on the issue, writes E-Brief News. A report in Beeld, for example, quotes Advocate Reggie Tokota SC, counsel for Judges Bess Nkabinde and Chris Jafta - the two whom Hlophe is alleged to have tried to influence - as saying there was no substance to claims that there was a rift between his clients and other members of the court.

One of the judges alleged to have lodged a complaint against Cape Judge President John Hlophe - Judge Bess Nkabinde-Mmomo - helped to draw up rules for complaining about fellow judges, emphasising internal resolution.

The Constitutional Court, under siege from the man it alleges improperly tried to influence two of its members, spent hours yesterday debating how to back up its explosive complaint against Cape Judge President John Hlophe - and the meeting will continue today, writes E-Brief News.

Legal experts suggest the country is teetering on the edge of a constitutional crisis following Cape Judge President John Hlophe's allegation - made in a complaint to the Judicial Service Commission (JSC) - that SA's top judges are politically-motivated.

The crisis in the judiciary deepened yesterday as the legal fraternity reacted to a 'declaration of war' by Cape Judge President John Hlophe on the Constitutional Court and on a variety of legal bodies and individual members of the profession, says a Cape Argus report.

The lawyer representing Cape Judge President John Hlophe on Thursday denied reports that Hlophe is to lodge a counter-complaint with the Judicial Services Commission (JSC) against the Constitutional Court judges, the SABC reported.

Cape Judge President John Hlophe went on official long leave last night - but not before slamming the country's top judges, accusing them of abusing their judicial authority by 'viciously' sacrificing him on the altar of public criticism.

The allegations against Cape Judge President John Hlophe will have no impact on the criminal prosecution of ANC President Jacob Zuma, according to a report in Die Burger quoting a source from the 'inner circle' of the NPA.

More details of the alleged wrongdoings of Judge John Hlophe, as well as dark hints that the Constitutional Court is split over the complaint against the Cape Judge President, surfaced in the media at the weekend.

The Judicial Services Commission (JSC) will only meet in a month's time to decide whether there is a prima facie case against Cape Judge President John Hlophe.

Today's urgent meeting of the Judicial Services Commission (JSC) to discuss allegations against Cape Judge President John Hlophe 'is not a trial yet'.

At a time when the legal fraternity is being forced to confront the issue of judicial ethics (see reports below), the Judicial Service Commission (JSC) is to meet behind closed doors at 11am tomorrow at the Airport Grand Hotel in Johannesburg to discuss whether to investigate allegations that Cape Judge President John Hlophe tried improperly to influence Constitutional Court judges in crucial cases involving ANC president Jacob Zuma.

The secrecy that will soon shroud the workings of the Judicial Service Commission (JSC) will stand in sharp contrast to the events of the weekend when Chief Justice Pius Langa, head of the JSC, allowed the Constitutional Court to go public with its complaint against Cape High Court Judge President John Hlophe.

The Judicial Service Commission (JSC) will have an urgent meeting on Friday to discuss the allegations against Cape Judge President John Hlophe, according to a report in Beeld.

The serious allegations against Judge President Hlophe strike at the heart of the legal profession and what the judiciary is and should be.

The Law Society of South Africa (LSSA) expresses its grave concern at the complaint lodged by the Constitutional Court judges against Cape Judge President John Hlophe.

The Executive of Advocates for Transformation (AFT) (WLD)) has learnt with shock allegations that the Judge President of the Cape High Court was involved in conduct which, if the allegations are supported by evidence, would amount to an attempt to influence the Constitutional Court on pending matters. AFT (WLD) views these allegations as very serious. AFT (WLD) considers the conduct complained of, if proven, to be detrimental to the proper functioning, integrity and credibility of our judicial system.

The Judicial Services Commission (JSC) must deal with Cape Judge President John Hlophe's alleged misconduct expeditiously, the Law Society of SA (LSSA) insisted yesterday, according to a report on the IoL site.

Opposition parties have reacted with outrage to the latest allegations against Cape Judge President John Hlophe, with some calling for his impeachment.

Opposition parties have reacted with outrage to the latest allegations against Cape Judge President John Hlophe, with some calling for his impeachment.

The fact that the latest complaint against judge Hlophe is laid by judges of the Constitutional Court, is conclusive proof that judge Hlophe is not a fit and proper person to hold the office of a judge of the High Court.

An accusation that Cape Judge President John Hlophe had attempted to influence a Constitutional Court decision in a case involving Jacob Zuma and a French arms manufacturing company was the 'biggest test yet' to the independence of South Africa's judiciary, Democratic Alliance (DA) leader Helen Zille said on Saturday.

The Cape Bar Council has noted with grave concern, the complaint referred to the Judicial Service Commission by the judges of the Constitutional Court, that the Judge President of the Cape High Court, Judge John Hlophe, has approached some judges of the Constitutional Court and tried to influence that Court's judgment in one or more cases. Conduct of this nature - the very antithesis of upholding the Constitution, the rule of law and the administration of justice without favour or prejudice - violates the dignity of the high office of a judge.

Statement by the Judges of the Constitutional Court, 30 May 2008

Cape Judge President John Hlophe has been accused of attempting to influence the Constitutional Court's decision on search and seizure raids carried out by the Scorpions on properties of Jacob Zuma and French arms manufacturing giant Thint.