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High Court decision on Hlophe hearing in media favour
Judge Nigel Willis of the Johannesburg High Court ruled on Tuesday night, 31 March 2009, that a decision by the JSC to bar the media and the public from the hearings had not satisfied the commission's own rules, in terms of which it must show good cause to exclude the media. His ruling followed an urgent application from the Mail & Guardian, Avusa, Independent News and Media, and the Freedom of Expression Institute.
The JSC is due to look into allegations of misconduct leveled against the Judge President of the Cape, John Hlophe, by the judges of the Constitutional Court, today, Wednesday 1 April, at The Hilton in Sandton, Johannesburg.
Willis dismissed the commission's argument that opening the hearings could harm the dignity of the office of the chief justice, deputy chief justice, and judge president, saying the issues surrounding Hlophe were of intense public interest, and suggested that conducting the hearings in secret would likely do more damage to confidence in the judiciary than an open process.
Submissions by the media arguing that principles of open justice required that the hearings be public were "impressive" he added.
Commented M&G associate deputy editor Nic Dawes, "We are really delighted. The Hlophe saga raises issues that go to heart of our democratic order -- the independence of the judiciary and the standards by which judges are held to account for their conduct.
"We believe that carrying out this process in secret would have served only to undermine its credibility and we are very pleased the court agreed. It is another important precedent in the creation of a common law that embodies constitutional principles of open democracy and free speech".
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