The Judicial Service Commission's (JSC) conduct committee has recommended that former Chief Justice Mogoeng Mogoeng face an impeachment inquiry over dishonesty claims made against him by impeached Judge John Hlophe.
The recommendation comes after Hlophe, who was the Western Cape Judge President for over 23 years, accused Mogoeng of violating his oath of office by having a private meeting with then-Deputy Judge President Patricia Goliath.
Hlophe alleges that Mogoeng encouraged his then deputy, Goliath, to file a complaint against him.
He lodged a complaint of gross judicial misconduct against Mogoeng, alleging that he handled Goliath’s complaint in a biased manner and held a secret meeting with her regarding her accusations against him.
Hlophe and Goliath have been involved in a public spat since 2020.
This comes after Hlophe faced an investigation of gross misconduct regarding allegations that he abused his power, physically assaulted a fellow judge, and swore at Goliath.
In February 2024, Hlophe became the first judge in the country to be impeached after he tried to influence the Constitutional Court's decision on search and seizure raids carried out by the Scorpions on properties of former president Jacob Zuma.
In 2021, the Judicial Services Commission found Hlophe guilty of gross misconduct and in December 2022, President Cyril Ramaphosa placed Hlophe on suspension.
Meanwhile, Mogoeng has denied the allegations made by Hlophe, saying he had not produced any evidence to support his allegations.
Mogoeng clarified that his meeting with Goliath was not conducted in secrecy; rather, it was part of his regular duties as a judicial leader and was characterised by a strong commitment to integrity.
The JSC said it will consider the seriousness of the misconduct and its gravity before it can take a view on whether the complaint is established or if there’s gross misconduct.
The committee which is led by chief justice Mandisa Maya, and two former judges, Halima Saldulker and Jeremiah Shongwe, said if the complaint is substantiated, it would mean that Mogoeng behaved unethically by engaging in a confidential conversation with Goliath regarding serious misconduct allegations against Hlophe in his absence.
The committee said it has recommended to the JSC that it was best that Hlophe’s complaint be investigated and reported upon by a tribunal.
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