Publication: Business Day Issued: Date: 2008-06-26 Reporter: Karima Brown Reporter:

Zuma's Lawyer Warns Court of 'Consequences'

 

Publication 

Business Day

Date 2008-06-26
Reporter Karima Brown
Web Link www.bday.co.za


Political Editor

Jacob Zuma's attorneys have warned the Constitutional Court that the way it handles its complaint against Cape Judge President John Hlophe will have consequences for "confidence" in the bench. Hlophe is alleged to have tried to improperly influence two of the court's judges regarding cases involving the African National Congress (ANC) president.

The matter is raised in a letter to Chief Justice Pius Langa by lawyer Michael Hulley.

In the correspondence, Hulley says he is making a "most gentle inquiry" as to when the court's judgments on Zuma will be delivered.

The Constitutional Court has to rule on two matters relating to Zuma that will affect his corruption trial later this year.

Hulley, however, in an interview yesterday, dismissed interpretations that suggested that Zuma's inquiry was a "threat" to the court.

He says in the letter: "As a rule we would not have resorted to this expedient at this stage, aware as we are of the complexities of the matters. We are, however, perturbed by speculations that the judgments may be delayed until certain matters, which have arisen since the hearing, have been laid to rest."

He goes on to say: "Whilst not pre-empting the findings which the JSC (Judicial Service Commission) would be enjoined to make, the purpose of this correspondence is to register our client's unease and disquiet at these developments. Respect for our constitutional democracy and due process is the principle to be jealously guarded.

"Unfortunately, and with the greatest respect, these developments do little to engender and promote the principle, the resultant effect of which is the eroding of confidence in those mandated to give effect thereto."

Hulley confirmed yesterday that Langa had acknowledged "the concerns raised" in the letter.

"The chief justice has issued further directives wherein the parties may make further submissions in the context to which our letter was addressed to the court," he said. The deadline for all submissions is July 5.

The letter is Zuma's first engagement with the Constitutional Court since the complaint against Hlophe was made.

It also comes on the eve of the deadline for Hlophe to respond to the complaint laid against him by the constitutional court judges at the JSC.

Meanwhile, ANC spokeswoman Jessie Duarte said the party would complain to the Broadcasting Complaints Commission about e.tv's "distortion" of the letter in a story broadcast yesterday.

With acknowledgements to Karima Brown and Business Day.