Former Western Cape judge president John Mandlakayise Hlophe has thrown down the gauntlet, accusing chief justice Raymond Zondo of masterminding his downfall. Hlophe is now the leader of uMkhonto weSizwe (MK) party in parliament.
“I never had any problem with Zondo. In fact we come a long way. We served together in the Legal Resources Centre. At one stage, I even attended his wedding in eXobho with Ngcobo (ex-chief justice Sandile Ngcobo). So I was surprised when I was informed that he said I should step down from the bench,” Hlophe vented. He was venting in IsiZulu in one of the podcasts on social media.
Feels betrayed by a long-time associate
He said things went awry when two judges of the Constitutional Court (ConCourt) filed a complaint of judicial misconduct against him.
They accused Hlophe of having unduly sought to influence a court matter relating to corruption charges against Zuma. He (Zuma) was, at the time, the deputy president to the head of state, Thabo Mbeki.
The two judges charged Hlophe had said: “Sesithemble kinina,”. An IsiZulu phrase loosely translated as “you’re our last hope”. It is believed that Hlophe uttered the words in an attempt to influence Judges Bess Nkabinde and Chris Jaftha. This was in an attempt for the judges to favour Zuma in their ruling. It was the very same phrase which was used to impeach Hlophe.
Accused of wanting judges to favour Zuma in corruption trial
Hlophe recalled how Zondo had lobbied retired Judge Jerome Ngwenya in the campaign. He lobbied Ngwenya to persuade him to vacate his judicial post following the complaint.
“Uyaganga umlamwakho, uyasiphoxa (your brother-in-law in is mischievous. He is embarrassing us). I will speak to other heads of courts so that he can be persuaded to go,” said Hlophe. He was attributing the tirade to Zondo.
Hlophe is often credited with driving a transformational agenda within the judiciary. Also for calling for a legal system underpinned on African traditions and norms. He also said the late chief justice Pius Langa had also offered R10-million to leave the judiciary.
“I refused, because my fight was about the integrity and a justice system that serves all people. [There was no way] I was gonna accept the money. I had done nothing wrong,” said Hlophe.
First judge to be impeached since democracy
In February 2024, he became the first judge to be impeached by parliament since the dawn of democracy. His title was also stripped. He was also barred from accessing his lucrative retirement package.
In 2021, the Judicial Conduct Tribunal found Hlophe guilty of misconduct. The decision was confirmed by the Judicial Service Commission (JSC). The JSC subsequently recommended impeachment, using Section 17 of the country’s constitution. This signalled an end to Hlophe’s illustrious legal career. Having made history back in 1995 when he was appointed as the first black judge to serve on the bar.
