Allegations of dishonesty from John Hlophe put former Chief Justice Mogoeng at risk of impeachment.
Constitutional Court
The Judicial Service Commission’s (JSC) conduct committee has called for an impeachment inquiry into former Chief Justice Mogoeng Mogoeng following dishonesty accusations from impeached Judge John Hlophe.
The call for inquiry arises from allegations by John Hlophe, former Western Cape Judge President of 23 years, who claims Mogoeng violated his oath by meeting privately with then-Deputy Judge President Patricia Goliath. Hlophe claims that Mogoeng urged his former deputy, Goliath, to lodge a complaint against him.
Hlophe filed a complaint of gross judicial misconduct against Mogoeng, alleging bias in handling Goliath’s claims and accusing him of holding a private meeting with her about the allegations.
Hlophe and Goliath have been involved in a public spat since 2020.
This follows an investigation into Hlophe himself for gross misconduct, with allegations of power abuse, physical assault on a fellow judge, and verbal abuse directed at Goliath.
In February 2024, Hlophe made history as the nation’s first judge to be impeached after attempting to sway the Constitutional Court’s ruling on Scorpions’ search-and-seizure operations at properties linked to former President Jacob Zuma.
In 2021, the Judicial Services Commission ruled Hlophe guilty of gross misconduct, leading President Cyril Ramaphosa to suspend him in December 2022. Mogoeng has dismissed Hlophe’s allegations, stating that no evidence has been presented to back up the claims.
The JSC stated it will assess the severity and impact of the alleged misconduct before deciding if the complaint holds or constitutes gross misconduct.
Led by Chief Justice Mandisa Maya, with former judges Halima Saldulker and Jeremiah Shongwe, the committee stated that if the complaint is confirmed, it would suggest unethical conduct by Mogoeng for privately discussing serious misconduct allegations against Hlophe with Goliath in his absence.
The committee has advised the JSC that Hlophe’s complaint would be best addressed through an investigation and report by the board.
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