Mogoeng: Gross misconduct claims Hlophe must be probed

The Chief Justice Mogoeng Mogoeng has recommended that a tribunal be established to look into allegations gross misconduct made against Western Cape Judge President John Hlophe.

In a statement, the Judicial Conduct Committee headed by Mogoeng, said Hlophe had a case to answer for regarding a row between Hlophe and Deputy Judge President Patricia Goliath. It all started in January 2020 when Goliath laid a claim against her colleague, listing a number of allegations including that he assaulted a co-worker and used abusive language towards her.

Hlophe then hit back, filing a counter-complaint against Goliath which included, among other things, alleged gross incompetence and misconduct.

The CJ said he was satisfied that the three most serious complaints against Hlophe, warranted a tribunal.

“This is arguably a borderline case between gross misconduct and conduct so unbecoming of a judge as to be sufficiently grave to warrant serious consequences although it may not quite rise to the level of gross misconduct.”

Mogoeng said Hlophe’s counter-complaint against Goliath was that because the media had access to her complaint shortly after it was filed to the committee, she must have leaked it to the media – which would amount to gross misconduct.

“I am satisfied that in the event of it being established that he assaulted Judge Parker as alleged, within the court building and during working hours, it is likely to lead to a finding that the JP is guilty of gross misconduct.

‘Impeachment’

In light of the assault allegation, the committee said if Hlophe was found to have indeed attacking fellow judge Mushtak Parker last year, it would likely lead to him being found guilty of gross misconduct, which could warrant his impeachment.

“It is simply unthinkable that a Judge President, however, angry he or she might be, would commit a crime of violence against another person, talk less of a fellow Judge within an institution that exists to rid society of criminality – a court of justice,” said Mogoeng.

“To have it established that someone who occupies the exalted office of the Judge President said to a woman DJP that she is ‘rubbish’ and ‘a piece of shit’, in an era when women abuse even at the workplace is reportedly on the rise, is likely to result in a finding that the JP is guilty of gross misconduct unless lip service is being paid to fight against women abuse,” said the CJ.