The civil rights group argues that it was irrational and that parliament failed in its duty to oversee the commission
Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.The JSC in 2021 affirmed a finding by the Judicial Conduct Tribunal that Hlophe had committed gross misconduct by raising a pending ruling relating to former president and now MK party leader Jacob Zuma’s arms deal corruption case with two constitutional court justices.
The tribunal found that Hlophe seemed to have been on a politically motivated “mission” to sway justices Chris Jafta and Bess Nkabinde when he tried to raise the matter with them in separate meetings in the spring of 2008, a year before Zuma became president. He said this placed the court within the exclusive jurisdiction of the apex court because no other court had the authority to determine whether the legislature had failed to live up to its constitutional obligations.
in 2006 that where a primary obligation rests on parliament, but it is not told how to discharge that duty, the intrusion by a review court is reserved for the apex court. Kriel cited case law, some of it arising from litigation around Hlophe’s disciplinary process, confirming that the composition and conduct of the JSC was a matter of constitutional importance.
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