John Hlophe#Allegation of interference with Constitutional Court Judges

Hlophe was born on 19 May 1959 in Madundube, a rural area of Stanger in the former Natal Province (present-day KwaZulu-Natal).{{Cite journal |date=April 1995 |title=News on the Judiciary: Nuwe Regters |url=https://www.gcbsa.co.za/law-journals/1995/april/1995-april-vol008-no1-pp57-64.pdf |journal=Consultus |volume=8 |issue=1 |pages=63}}{{Cite web |date=3 August 2009 |title=From humble beginnings... |url=https://www.sowetanlive.co.za/news/2009-08-03-from-humble-beginnings-/ |access-date=2024-06-08 |website=Sowetan |language=en-ZA}} His clan name is Samela.{{Cite news |date=19 August 2007 |title=Hlophe remembers his roots |url=https://www.iol.co.za/news/south-africa/hlophe-remembers-his-roots-366896 |access-date=9 June 2024 |work=IOL}} His father, originally from Port Shepstone, worked as a security guard and later as a traditional healer, while his mother, originally from East Pondoland, worked as a sugarcane cutter and gardener.{{Cite news |date=27 August 2009 |title=Judge Hlophe's humble beginnings |url=https://www.iol.co.za/news/south-africa/judge-hlophes-humble-beginnings-456493 |access-date=8 June 2024 |work=IOL}} The younger of two brothers, he later said that his childhood home was a mud hut in the bush, located a six-kilometre walk from his school.

He began school in 1967 at the Prospect Farm Primary School in Stanger, and spent weekends and holidays doing household tasks for his mother's employer, farmer Ian Smeaton. He became politically conscious as a result of the 1976 Soweto uprising and his education at the Ohlange High School in nearby Durban, where he matriculated in 1978. His interest in law was inspired by an attorney friend of Smeaton's, whose car Hlophe washed; he later said, "I admired him and thought I wanted to be like him and drive a car like his. Washing his car made me feel very special then."

Though both of Hlophe's parents died in 1980, Smeaton continued to sponsor his education.{{Cite web |date=2009-08-27 |title=The story of John Hlophe |url=https://witness.co.za/archive/2009/08/28/the-story-of-john-hlophe-20150430/ |access-date=2024-06-08 |website=The Witness |language=en-US}}{{Cite web |last=Thamm |first=Marianne |date=2021-09-07 |title=The rise and (slow) fall of John Hlophe, the judge who almost took the judiciary down with him |url=https://www.dailymaverick.co.za/article/2021-09-08-the-rise-and-slow-fall-of-john-hlophe-the-judge-who-almost-took-the-judiciary-down-with-him/ |access-date=2024-06-08 |website=Daily Maverick |language=en}} He attended the University of Fort Hare from 1979 to 1981, completing a BJuris, and went on to complete an LLB at the University of Natal in 1983. At the University of Natal, he studied administrative law with Lawrence Baxter, under whom he wrote his first academic article, a note on lobolo in Zulu customary law. After graduating, he was a fellow at the Legal Resources Centre in Durban, until, in 1984, he moved to Cambridge, England for further study. Supported by a Livingstone Trust scholarship, he completed an LLM at Cambridge University in 1984. He returned briefly to Natal in 1985, lecturing in law at the University of Zululand's KwaDlangezwa campus, but later that year he undertook doctoral studies at Cambridge on an Africa Educational Trust scholarship. He completed his PhD in 1988.

Later in 1988, Hlophe joined the faculty of the University of Natal, becoming a lecturer in law at the university's Pietermaritzburg campus. He worked there for two years before, in 1990, he moved to Mthatha, Eastern Cape to join the University of Transkei. He was promoted to professor and head of public law in 1992. As an academic, he was a founding member of the university's legal aid clinic and the chief editor of the Transkei Law Journal. His students included Dumisa Ntsebeza. He also conducted side-work as a mediator and arbitrator, through the Independent Mediation Service of South Africa, and as a consultant on matters of labour law and industrial relations.

While living in Mthatha, Hlophe was a member of the Industrial Court of Transkei, and in 1994 he became an ad hoc member of the Industrial Court of South Africa. In the interim, in 1993, he was admitted as an advocate of the Supreme Court of Transkei.

File:Western Cape High Court main entrance in Keerom Street.jpeg in Cape Town]]

Shortly after the end of apartheid, newly elected President Nelson Mandela appointed Hlophe as a judge of the Cape Provincial Division of the Supreme Court of South Africa (later a division of the High Court of South Africa). He took office on 1 January 1995 and, aged 35, he was one of the youngest judges in the country. According to some reports, he was the first black judge to join the Cape bench, as well as the first judge to join the post-apartheid judiciary directly from academia.{{Cite web |last=Thamm |first=Marianne |date=2023-01-16 |title=John Hlophe — the Judge President who fought the law, but the law won in the end |url=https://www.dailymaverick.co.za/article/2023-01-16-john-hlophe-the-judge-president-who-fought-the-law-decades-later-the-law-won/ |access-date=2024-06-08 |website=Daily Maverick |language=en}} During his early tenure as an acting judge and judge, he was the protégé of Judge President Gerald Friedman.

After serving as the division's acting Deputy Judge President in 1998,{{Cite web |title=Biography: Judge President Mandlakayise John Hlophe |url=https://www.gov.za/sites/default/files/gcis_documents/BIOGRAPHY%20-%20Judge%20President%20Hlophe-1.pdf |access-date=8 June 2024 |website=South African Government}} he was permanently appointed to that position on 18 May 1999.{{Cite journal |date=September 1999 |title=Names in the News: New Judges |url=https://www.gcbsa.co.za/law-journals/1999/september/1999-september-vol012-no3-p07.pdf |journal=Consultus |volume=12 |issue=3 |pages=17}} The following year, on 1 May 2000, he succeeded Edwin King as the division's Judge President.{{Cite journal |date=2000 |title=Names in the News: New Judges |url=https://www.gcbsa.co.za/law-journals/2000/secondterm/2000-secondterm-vol013-no2-pp12-13.pdf |journal=Advocate |volume=13 |issue=2 |pages=12–13}}{{Cite news |date=6 December 1999 |title=Row brewing over Judge King staying on |url=https://www.iol.co.za/news/south-africa/row-brewing-over-judge-king-staying-on-21802 |access-date=8 June 2024 |work=IOL}} Lawyer Paul Hoffman later speculated that his rapid professional rise was partly due to his personal popularity, describing him as having been "charm personified at first, showing a willingness to learn the ropes and a preparedness not to take himself too seriously."{{Cite web |last=Hoffman |first=Paul |date=2020-01-22 |title=A reflection on the rise and (possible) fall of John Hlophe JP |url=https://www.dailymaverick.co.za/opinionista/2020-01-22-a-reflection-on-the-rise-and-possible-fall-of-john-hlophe-jp/ |access-date=2024-06-09 |website=Daily Maverick |language=en}}

In the assessment of the Daily Maverick, Hlophe was generally a talented jurist and "it was his conduct as a judicial officer that sank what could have been a brilliant and transformative career". Similarly, while admiring his "intellectual pedigree", Hugh Corder remarked that, "not every good academic makes a good judge".{{Cite web |last=Corder |first=Hugh |date=2009-06-21 |title=A lowering of the bar |url=https://mg.co.za/article/2009-06-21-a-lowering-of-the-bar/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}} Constitutional law judgments written by Hlophe were upheld by the Supreme Court of Appeal in De Lille v Speaker of the National Assembly and by the Constitutional Court in SATAWU v Garvas. His other notable judgments include Mabuza v Mbatha, on the recognition of customary marriage,{{Cite journal |last=Sibisi |first=Siyabonga |date=2020 |title=Is the requirement of integration of the bride optional in customary marriages? |journal=De Jure Law Journal |volume=53 |issue=1 |pages=90–103 |doi=10.17159/2225-7160/2020/v53a6 |issn=2225-7160|doi-access=free }} which the Constitutional Court cited in Bhe v Magistrate, and Magewu v Zozo, on child maintenance, which the Constitutional Court cited in S v M. In the 2021 matter of S v Bongo, Hlophe dismissed corruption charges against former cabinet minister Bongani Bongo, who was accused of offering bribes to obstruct a state capture probe at Eskom;{{Cite web |last=Ferreira |first=Emsie |date=2021-02-26 |title=Hlophe throws out Bongo corruption case |url=https://mg.co.za/politics/2021-02-26-bongo-corruption-out-hlophe/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} the Supreme Court of Appeal overruled his judgment and ordered a retrial in 2024.{{Cite web |last=Maughan |first=Karyn |date=7 March 2024 |title=SCA judge slams Hlophe's criminality accusations against Bongo accuser as a 'red herring' |url=https://www.news24.com/news24/southafrica/news/sca-judge-slams-hlophes-criminality-accusations-against-bongo-accuser-as-a-red-herring-20240307 |access-date=2024-06-09 |website=News24 |language=en-US}}{{Cite web |last=Maughan |first=Karyn |date=6 May 2024 |title='Mistakes of law': SCA overturns Hlophe's acquittal of Bongani Bongo, orders retrial |url=https://www.news24.com/news24/southafrica/news/mistakes-of-law-sca-overturns-hlophes-acquittal-of-bongani-bongo-orders-retrial-20240506 |access-date=2024-06-09 |website=News24 |language=en-US}}

In 2004, Hlophe presided in Minister of Health v New Clicks, which gave rise to personal as well as legal controversy. In August, Hlophe's court dismissed the application, which was an urgent challenge by pharmaceutical companies to medical pricing regulations newly promulgated by the Minister of Health. The majority judgment was written by Judge James Yekiso, joined by Hlophe, and opposed in a dissenting judgment by Deputy Judge President Jeanette Traverso. When the court was hearing the pharmaceutical companies' application for leave to appeal, Hlophe caused a stir by complaining that legal practitioners were circulating rumours that he had written the majority judgment in Yekiso's name.{{Cite web |date=2004-10-08 |title=Traverso drawn into Cape judges uproar |url=https://mg.co.za/article/2004-10-08-traverso-drawn-into-cape-judges-uproar/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}} He apparently linked this misconception to racism, and in the weeks thereafter, he complained publicly about "a calculated attempt to undermine the intellect and talent of African judges". He later accused Deputy Judge President Traverso of having started the rumour in question.{{Cite news |date=1 March 2005 |title=Race-row judge hits back |url=https://www.iol.co.za/news/politics/race-row-judge-hits-back-235206 |access-date=9 June 2024 |work=IOL}}

In the interim, Hlophe's court delayed handing down a decision on the applicants' leave to appeal its judgment. As a result, the applicants took the highly unusual step of approaching the Supreme Court of Appeal directly, effectively leapfrogging the High Court. The Supreme Court agreed to hear both the application for leave to appeal and argument on the merits.{{Cite web |date=2004-12-23 |title=A drug test for the judiciary |url=https://mg.co.za/article/2004-12-23-a-drug-test-for-the-judiciary/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}} After those hearings had taken place, and while the Supreme Court's judgment was reserved, Hlophe handed down the High Court's own ruling in early December: he refused the applicants leave to appeal. This was an extremely surprising decision, because South African courts generally permitted appeals of split judgments as a matter of course.{{Cite news |date=4 December 2004 |title=Court ruling stuns lawyers |url=https://www.iol.co.za/news/south-africa/court-ruling-stuns-lawyers-228668 |access-date=8 June 2024 |work=IOL}} In the ruling, Hlophe castigated the applicants and their counsel, notably Jeremy Gauntlett, for having approached the Supreme Court before the High Court had made its decision. This led the leaders of the Cape Bar Council to issue a lengthy statement defending Gauntlett.{{Cite web |date=2004-12-09 |title=You're wrong, council tells Cape judge president |url=https://mg.co.za/article/2004-12-09-youre-wrong-council-tells-cape-judge-president/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}}

Notwithstanding Hlophe's decision to deny leave to appeal, the Supreme Court of Appeal handed down its own unanimous judgment three weeks later. The Supreme Court, quite contrary to the High Court, not only granted leave to appeal but also upheld the appeal, overturning the High Court's judgment. Judge of Appeal Louis Harms was highly critical of Hlophe's conduct, but, when asked about Harms's remarks, Hlophe told the Star, "To be frank, I couldn't care less."{{Cite news |date=21 December 2004 |title=Judges in ugly spat over medicines ruling |url=https://www.iol.co.za/news/south-africa/judges-in-ugly-spat-over-medicines-ruling-230032 |access-date=8 June 2024 |work=Star}}

File:Anti-Eviction March at Cape High Court.jpg protestors outside the Cape High Court on 10 March 2008]]

In March 2008, Hlophe handed down judgment in Thubelisha Homes v Various Occupants, in which he controversially awarded the state an eviction order to remove thousands of residents of Joe Slovo from the site of the N2 Gateway Project.{{Cite web |date=2008-03-10 |title=Anger at Cape eviction order |url=https://mg.co.za/article/2008-03-10-anger-at-cape-eviction-order/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}} The judgment was criticised by the Western Cape Anti-Eviction Campaign;{{Cite web |date=10 March 2008 |title=Hlophe approves the removal of thousands of poor from Joe Slovo |url=http://antieviction.org.za/2008/03/10/259/ |archive-url=https://web.archive.org/web/20110720092917/http://antieviction.org.za/2008/03/10/259/ |archive-date=20 July 2011 |access-date=2024-06-08 |website=Western Cape Anti-Eviction Campaign}} by Pierre de Vos, who called it "completely devoid of compassion and also legally misguided";{{Cite web |last=Vos |first=Pierre de |date=2008-03-11 |title=No compassion for people who do not drive a Porsche? |url=https://constitutionallyspeaking.co.za/no-compassion-for-people-who-do-not-drive-a-porsche/ |access-date=2024-06-08 |website=Constitutionally Speaking |language=en}} and by other commentators who questioned its interpretation of the doctrine of legitimate expectations.{{Cite web |date=2008-04-20 |title=An executive-minded decision |url=https://mg.co.za/article/2008-04-20-an-executiveminded-decision/ |access-date=2023-12-03 |website=The Mail & Guardian |language=en-ZA}}

When the Constitutional Court heard the matter on appeal, Justice Kate O'Regan said that Hlophe's order "really bothers me" insofar as it failed to provide for the relocation of the evicted residents.{{Cite web |date=2008-08-22 |title=Concourt lashes Hlophe's squatter ruling |url=http://www.thestar.co.za/?fSectionId=&fArticleId=vn20080822055832386C803440 |archive-url=https://web.archive.org/web/20081026074239/http://www.thestar.co.za/?fSectionId=&fArticleId=vn20080822055832386C803440 |archive-date=2008-10-26 |access-date=2024-06-08 |website=Star}} This concern ultimately led the court to overturn Hlophe's judgment in part: in Residents of Joe Slovo Community v Thubelisha Homes, the Constitutional Court sanctioned the eviction but imposed certain conditions on the state.{{Cite web |date=10 June 2009 |title=ConCourt upholds evictions |url=https://www.news24.com/news24/concourt-upholds-evictions-20090610 |access-date=2024-06-08 |website=News24 |language=en-US}}

In 2014, Hlophe presided in an application in Mulaudzi v Old Mutual, a matter in which his personal attorney, Barnabas Xulu, represented the applicant; he granted the application over the objections of the respondent, Old Mutual, who argued that his relationship with Xulu created a reasonable apprehension of bias. In a 2017 judgment described as "scathing", the Supreme Court of Appeal overturned Hlophe's order, saying that the respondents were correct to point out a reasonable apprehension of bias;{{Cite web |last=Thamm |first=Marianne |date=2017-06-12 |title=Time for Judge Hlophe to face the music |url=https://www.dailymaverick.co.za/article/2017-06-13-analysis-time-for-judge-hlophe-to-face-the-music/ |access-date=2024-06-09 |website=Daily Maverick |language=en}} per Judge of Appeal Nathan Ponnan, the problem was not only Hlophe's relationship with Xulu but also that his judgment relied on shallow and partial reasoning.{{Cite web |last=Plessis |first=Charl du |date=11 June 2017 |title=SCA slams Hlophe in judgment |url=https://www.news24.com/news24/sca-slams-hlophe-in-judgment-20170610 |access-date=2024-06-09 |website=News24 |language=en-US}}

In February 2005, South African media houses received a leaked copy of a 43-page report on racism among the lawyers and judges of the Cape Provincial Division; it had been compiled by Hlophe and submitted to the national Minister of Justice, Brigitte Mabandla.{{Cite web |last=Mkhabela |first=Mpumelelo |date=13 February 2005 |title='Racist' judge sparks row |url=https://www.news24.com/news24/racist-judge-sparks-row-20050213 |access-date=2024-06-08 |website=News24 |language=en-US}} Among other things, the report singled out three individuals as racist: Deputy Judge President Traverso, Senior Counsel Gauntlett, and Hlophe's predecessor, retired Judge President King.{{Cite news |date=27 February 2005 |title=SA judges at each other's throats |url=https://www.iol.co.za/news/politics/sa-judges-at-each-others-throats-235049 |access-date=9 June 2024 |work=IOL}} Observers believed that the report – and particularly Hlophe's hostile attitude toward Gauntlett – stemmed from lingering resentments over the 2004 New Clicks saga; indeed, Hlophe's report proposed that, "It all started with the New Clicks matter".{{Cite web |last=Bruin |first=Philip de |date=27 February 2005 |title=Hlophe 'hiding behind race' |url=https://www.news24.com/news24/hlophe-hiding-behind-race-20050227 |access-date=2024-06-09 |website=News24 |language=en-US}}

Amid the ensuing furore, Chief Justice Arthur Chaskalson appointed a committee to consider the report and investigate Hlophe's claims. In early October 2005, as the racism row simmered, press reported on two incidents in which Hlophe had apparently disparaged white colleagues. Noseweek reported that, in a meeting in his chambers earlier that year, Hlophe had told a junior white attorney, Joshua Greeff, "You're nothing but a piece of white shit and it's time you go back to Holland."{{Cite news |date=6 October 2005 |title=It's utter rubbish, says Hlophe |url=https://www.iol.co.za/news/south-africa/its-utter-rubbish-says-hlophe-255348 |access-date=9 June 2024 |work=IOL}} Hlophe denied having said this, but another lawyer, Senior Counsel Dirk Uijs, signed an affidavit stating that he had been present in the meeting and had heard the exchange; this affidavit was attached to a formal complaint laid by the Cape Bar against Hlophe at the Judicial Service Commission (JSC).{{Cite web |last=Bruin |first=Philip de |date=13 October 2005 |title=New twist in Hlophe saga |url=https://www.news24.com/news24/new-twist-in-hlophe-saga-20051013 |access-date=2024-06-09 |website=News24 |language=en-US}}{{Cite web |date=2005-10-13 |title=Hlophe charged by Cape Bar Council |url=https://mg.co.za/article/2005-10-13-hlophe-charged-by-cape-bar-council/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}}

Also in October, press reported that Hlophe had disparaged Western Cape Judge Wilfred Thring while attending a cricket match in a social capacity. According to these reports, Hlophe said that he had allocated Mikro Primary School v Western Cape Minister of Education, a high-profile language rights matter, to Thring "because I knew he would fuck up the trial and then it could be set right on appeal".{{Cite web |last=Bruin |first=Philip de |date=12 October 2005 |title=Hlophe in new row |url=https://www.news24.com/news24/hlophe-in-new-row-20051011 |access-date=2024-06-09 |website=News24 |language=en-US}}{{Cite web |date=2011-06-05 |title=Judge puts Cape race row papers away for good |url=http://www.iol.co.za/news/south-africa/judge-puts-cape-race-row-papers-away-for-good-1.257160 |access-date=2024-06-09 |website=IOL |archive-date=5 June 2011 |archive-url=https://web.archive.org/web/20110605173204/http://www.iol.co.za/news/south-africa/judge-puts-cape-race-row-papers-away-for-good-1.257160 |url-status=bot: unknown }} These remarks were apparently made in the presence of Norman Arendse, the chairperson of the General Council of the Bar, who reportedly told Chief Justice Chaskalson about the incident in a letter.{{Cite web |date=2005-10-14 |title=Arendse: I'm being used |url=https://mg.co.za/article/2005-10-14-arendse-im-being-used/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} While Hlophe denied the reports as part of a smear campaign against him, the Democratic Alliance called for the JSC to take "decisive action" on allegations of racism by Hlophe.

The row was highly divisive in the Western Cape.{{Cite journal |last=Nyanto |first=Kgomotso |date=2005-12-01 |title=South Africa: justice by the colour bar. |url=https://go.gale.com/ps/i.do?p=AONE&sw=w&issn=01429345&v=2.1&it=r&id=GALE%7CA140071322&sid=googleScholar&linkaccess=abs |journal=New African |language=English |issue=446 |pages=12–17}}{{Cite web |date=2009-09-23 |title=Battles of Bench and Bar |url=https://mg.co.za/article/2009-09-23-battles-of-bench-and-bar/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} On 14 October, Judge Siraj Desai drafted and published a statement in defence of Hlophe; signed by 13 of the Cape Division's 28 judges, the statement expressed alarm that the allegations against Hlophe were "patently calculated to impede the transformation agenda of the judiciary".{{Cite news |date=14 October 2005 |title=Judges rally in support of Hlophe |url=https://www.iol.co.za/news/south-africa/judges-rally-in-support-of-hlophe-256051 |access-date=9 June 2024 |work=IOL}} The Black Lawyers' Association (BLA) likewise said that it would lodge a complaint with the South African Human Rights Commission about what it described as the Cape Bar Council's opposition to demographic transformation.{{Cite web |date=15 October 2005 |title=Top judge to rule on race row |url=https://www.news24.com/citypress/southafrica/news/top-judge-to-rule-on-race-row-20100614 |access-date=2024-06-09 |website=City Press |language=en-US}} Later that week, during a three-day JSC meeting in Cape Town, recently appointed Chief Justice Pius Langa presided over attempts to negotiate a resolution to the controversy, and the Cape Bar Council dropped its complaint against Hlophe in respect of the Greeff incident.{{Cite news |date=19 October 2005 |title=Hlophe race complaint 'has been scrapped' |url=https://www.iol.co.za/news/south-africa/hlophe-race-complaint-has-been-scrapped-256454 |access-date=9 June 2024 |work=IOL}} Langa announced on 19 October that no further action would be taken against any of the parties, all of whom had agreed to "stabilise relationships between the judiciary and legal profession of this province".{{Cite web |date=2005-10-19 |title=White flag raised in judicial race war |url=https://mg.co.za/article/2005-10-19-white-flag-raised-in-judicial-race-war/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}}

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| quote = Before 2004 I was a darling of the legal profession, I was scholarly, writing beautiful judgements… I was loved by everybody. Even Mogoeng Mogoeng said to me that I was tipped to be the Chief Justice before him... It all started with the racism report where I mentioned big names of individuals... and to this day I never had peace. There were attempts to even sue me, there were attempts to insult me year in year out... But before that I was adored, I was revered, I was the darling of the profession. I used to do so much. I would train judges, I would be called to investigate this and that... all of that now is the thing of the past. I am now publicly insulted and nullified and treated like a corrupt person or an illegitimate child of the family. It all started when I told the truth about the legal profession.

| author = – Hlophe's reflections on his 2004 report on racism, March 2024{{Cite news |date=3 March 2024 |title=Once 'darling of the judiciary' claims a smear campaign after his report on racism |url=https://www.iol.co.za/sundayindependent/news/once-darling-of-the-judiciary-claims-a-smear-campaign-after-his-report-on-racism-bfb2e748-0c7e-4893-832b-4d4e73698677 |access-date=9 June 2024 |work=IOL}}

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}}

In 2006, the JSC confronted a mounting stack of complaints against Hlophe, including several lodged by opposition politician Steve Swart, a representative of the African Christian Democratic Party,{{Cite web |date=2006-10-11 |title=No outcome yet in Hlophe probe |url=https://mg.co.za/article/2006-10-11-no-outcome-yet-in-hlophe-probe/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} and by advocate Peter Hazell, who sought Hlophe's impeachment.{{Cite web |date=11 April 2007 |title=Hlophe impeachment 'on hold' |url=https://www.news24.com/news24/hlophe-impeachment-on-hold-20070411 |access-date=2024-06-09 |website=News24 |language=en-US}}{{Cite web |date=13 April 2007 |title=Hlophe waits for verdict |url=https://www.sowetanlive.co.za/news/2007-04-13-hlope-waits-for-verdict/ |access-date=2024-06-09 |website=Sowetan |language=en-ZA}} The most important complaints related to alleged conflicts of interest that had been the subject of media reports and considerable controversy. In 2006 and 2007, the JSC deliberated at length on the question of whether the complaints provided grounds for Hlophe's impeachment.{{Cite web |date= |title=The Hlophe Saga: Step by Step |url=http://www.legalbrief.co.za/index.php?page=HlopheSaga |archive-url=https://web.archive.org/web/20071024165527/http://www.legalbrief.co.za/index.php?page=HlopheSaga |archive-date=2007-10-24 |access-date=2024-06-09 |website=Legal Brief}} Hlophe responded with consistent denials of wrongdoing and occasionally with levity: in one court hearing in the Travelgate prosecutions, Hlophe jokingly asked whether he was required to disclose having accepted a bottle of water from lawyer Seth Nthai.{{Cite web |date=2006-10-21 |title='We will not give up our seats' |url=https://mg.co.za/article/2006-10-21-we-will-not-give-up-our-seats/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}}

The first conflict-of-interest complaint pertained to the Cape Town law firm Smith, Tabata, Buchanan, Boyes (STBB), which had awarded a bursary to Hlophe's son Thuthuka. An STBB partner, Derek Wille, had become friends with Hlophe at the University of Natal in 1982 and had been an acting judge on Hlophe's bench.{{Cite web |last=Tolsi |first=Niren |date=8 October 2017 |title=Judge Hlophe skirts conflict |url=https://www.news24.com/news24/judge-hlophe-skirts-conflict-20171007 |access-date=2024-06-09 |website=News24 |language=en-US}} The firm denied that Hlophe had received any special treatment,{{Cite web |date=22 May 2006 |title=Law firm defends Hlophe bursary |url=https://www.news24.com/news24/law-firm-defends-hlophe-bursary-20060522 |access-date=2024-06-09 |website=News24 |language=en-US}}{{Cite news |date=1 June 2006 |title=Law firm denies wrongdoing in Hlophe bursary |url=https://www.iol.co.za/news/south-africa/law-firm-denies-wrongdoing-in-hlophe-bursary-279876 |access-date=9 June 2024 |work=IOL}} and the JSC dismissed the complaint in 2006, accepting Hlophe's evidence that he had lacked any knowledge of the bursary payments to his son – at the time, his son was not living at home but was employed as a boarder-master at the South African College Schools.{{Cite web |date=2006-10-11 |title=No outcome yet in Hlophe probe |url=https://mg.co.za/article/2006-10-11-no-outcome-yet-in-hlophe-probe/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}}

The second, more serious complaint pertained to Oasis Group Holdings, an investment firm that appeared in Hlophe's court on several occasions.{{Cite web |date=2007-08-02 |title=Hlophe 'broke graft law' |url=https://mg.co.za/article/2007-08-03-hlophe-broke-graft-law/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} Hlophe's relationship to Oasis was first reported on in early 2005, when Oasis was suing Hlophe's colleague, Judge Siraj Desai, for defamation. Civil lawsuits against sitting judges could not go ahead without the authorisation of the Judge President and, in the case of Oasis, Desai alleged that Hlophe's authorisation had been improperly given.{{Cite news |date=2 March 2005 |title=Defamation suit pits Desai against Hlophe |url=https://www.iol.co.za/news/south-africa/defamation-suit-pits-desai-against-hlophe-235281 |access-date=9 June 2024 |work=IOL}}{{Cite web |date=2005-03-14 |title=Cape judges square off over Oasis suit |url=http://www.businessday.co.za/articles/specialreports.aspx?ID=BD4A27118 |archive-url=https://web.archive.org/web/20050912005159/http://www.businessday.co.za/articles/specialreports.aspx?ID=BD4A27118 |archive-date=2005-09-12 |access-date=2024-06-09 |website=Business Day}} At the time, IOL reported that Hlophe's Umlibo Trust part-owned the Oasis Asset Management Company, one of the Oasis Group's holdings.

In a major escalation in March 2006, Noseweek reported that Hlophe had received a monthly retainer from Oasis while serving as Judge President.{{Cite web |last=Joubert |first=Jan-Jan |date=31 March 2006 |title=Hlophe in new money storm |url=https://www.news24.com/fin24/hlophe-in-new-money-storm-20060331 |access-date=2024-06-09 |website=Business |language=en-US}} According to initial reports, he received R10,000 a month as a legal consultant to the company between April 2002 and March 2003. Evidence later submitted in Desai's defamation case suggested that he had received a total of almost R500,000 over a 39-month period: a once-off payment of R25,000 in 2002; R120,000 across twelve payments in 2003; R147,500 across twelve payments in 2004; R150,000 across twelve payments in 2005; and R25,000 across two payments in 2006.{{Cite news |date=2 February 2007 |title=Hlophe received cash from Oasis, court hears |url=https://www.iol.co.za/news/south-africa/hlophe-received-cash-from-oasis-court-hears-313523 |access-date=9 June 2024 |work=IOL}} The evidence also showed that Hlophe had declined to authorise the defamation lawsuit on several occasions from December 2001 onwards, before in October 2004 he allowed the lawsuit to go ahead.

Hlophe said that the payments were not a retainer but recompense for "expenses" he had incurred as an Oasis trustee.{{Cite web |date=2006-05-11 |title='No record' of Hlophe business deals |url=https://mg.co.za/article/2006-05-11-no-record-of-hlophe-business-deals/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |date=2006-04-04 |title=Chief justice confirms complaint against Hlophe |url=https://mg.co.za/article/2006-04-04-chief-justice-confirms-complaint-against-hlophe/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} On the accusation that he had failed to disclose a conflict of interest, he said that former Justice Minister Dullah Omar had given him permission to receive money from a private company.{{Cite web |date=2006-04-06 |title=Judges' interests |url=http://www.businessday.co.za/articles/opinion.aspx?ID=BD4A181915 |archive-url=https://web.archive.org/web/20060503040432/http://www.businessday.co.za/articles/opinion.aspx?ID=BD4A181915 |archive-date=2006-05-03 |access-date=2024-06-09 |website=Business Day}} The incumbent Justice Ministry denied having any knowledge of such an agreement, and the Mail & Guardian pointed out that Omar had left the Justice Ministry in 1999, over a year before the relevant Oasis vehicle was established.{{Cite web |date=2007-07-11 |title=Hlophe: damning new facts |url=https://mg.co.za/article/2007-07-12-hlophe-damning-new-facts/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} Critics suggested that Hlophe's receipt of the payments might constitute a criminal violation of the Prevention and Combating of Corrupt Activities Act, as well as "an egregious conflict of interest".{{Cite web |date=2006-06-30 |title=Separate the powers |url=https://mg.co.za/article/2006-06-30-separate-the-powers/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} In April 2006, Justice Minister Mabandla said that she had granted Hlophe's request to take long leave while the JSC was investigating the allegations.{{Cite web |date=2006-04-05 |title=Minister grants embattled Judge Hlophe leave |url=https://mg.co.za/article/2006-04-05-minister-grants-embattled-judge-hlophe-leave/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} He told the press that he would use the break to finish writing his autobiography, From Gardener to Judge.{{Cite news |date=12 April 2006 |title=Judge Hlophe breaks his silence |url=https://www.iol.co.za/news/south-africa/judge-hlophe-breaks-his-silence-273877 |access-date=9 June 2024 |work=IOL}}

In early December 2006, the JSC announced that it had decided not to pursue the matter, saying that there was no evidence to contradict Hlophe's assertion that Minister Omar had authorised him to receive money from Oasis.{{Cite news |date=9 December 2006 |title=Hlophe in the clear as peers see no wrong |url=https://www.iol.co.za/news/south-africa/hlophe-in-the-clear-as-peers-see-no-wrong-306768 |access-date=9 June 2024 |work=IOL}} The Mail & Guardian reported that the JSC was starkly divided on the matter, with advocate George Bizos leading the charge for a full public investigation.{{Cite web |date=2006-12-14 |title=Racial split over Hlophe |url=https://mg.co.za/article/2006-12-15-racial-split-over-hlophe/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} By mid-2007, the matter had been revived by Hazell's impeachment campaign and by Hlophe's other antagonists in civil society.{{Cite web |date=2007-08-04 |title=JSC meets to consider Hlophe case |url=https://mg.co.za/article/2007-08-04-jsc-meets-to-consider-hlophe-case/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} However, on 4 October 2007, the JSC announced that it would not pursue the matter further. Chief Justice Langa said that the panel was in unanimous agreement that it had been inappropriate for Hlophe not to disclose his relationship with Oasis, but nonetheless had been divided on whether there was sufficient evidence to sustain a public inquiry and impeachment.{{Cite web |date=4 October 2007 |title=Hlophe off the hook |url=https://www.news24.com/news24/hlophe-off-the-hook-20071004 |access-date=2024-06-09 |website=News24 |language=en-US}} Sources told the Mail & Guardian that Bizos and Craig Howie had been among the members pushing for further investigation, while Seth Nthai and Bernard Ngoepe were among those who opposed it.{{Cite web |date=2008-07-14 |title=Hlophe's fate is in their hands |url=https://mg.co.za/article/2008-07-14-hlophes-fate-is-in-their-hands/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}}

The JSC's announcement in October 2007 led to a flurry of mutual recriminations in the legal society, as Hlophe's critics condemned what they described as a cover up by the JSC.{{Cite web |date=2007-11-01 |title='Cover up' in Hlophe issue |url=https://mg.co.za/article/2007-11-02-cover-up-in-hlophe-issue/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} 14 legal academics at the University of Cape Town drafted and signed an open letter expressing concern about the JSC's decision.{{Cite web |date=2007-10-11 |title=Hlophe: Langa feels the heat |url=https://mg.co.za/article/2007-10-12-hlophe-langa-feels-the-heat/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} More controversially, retired Constitutional Court Justice Johann Kriegler wrote an open letter in the Sunday Times in which he argued that Hlophe was not fit to hold judicial office. Eight silks of the Cape Bar signed another open letter, this one in the Cape Times, expressing agreement with Kriegler and calling on Hlophe to resign from the bench.{{Cite web |date=9 October 2007 |title=Hlope 'should resign' |url=https://www.news24.com/news24/hlope-should-resign-20071009 |access-date=2024-06-09 |website=News24 |language=en-US}}{{Cite web |date=2007-10-09 |title=Cape advocates say Hlophe must quit |url=https://mg.co.za/article/2007-10-09-cape-advocates-say-hlophe-must-quit/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} Indeed, the Mail & Guardian reported that members of the Cape Bar Council had met to discuss the matter and were considering organising a boycott of the court.

Conversely, the BLA welcomed the JSC's decision, expressed support for Hlophe, and released a statement suggesting that Kriegler should be sanctioned for "unprecedented and improper grandstanding".{{Cite web |date=2007-10-09 |title=Black lawyers' body backs JSC on Hlophe |url=https://mg.co.za/article/2007-10-09-black-lawyers-body-backs-jsc-on-hlophe/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} The BLA's Dumisa Ntsebeza argued that Kriegler's statement "evinced disrespect" for the JSC.{{Cite web |date=10 October 2007 |title=Hlophe may have R2m reasons to ride out storm |url=http://www.iol.co.za/news/south-africa/hlophe-may-have-r2m-reasons-to-ride-out-storm-1.374251 |archive-url=https://web.archive.org/web/20121009175553/http://www.iol.co.za/news/south-africa/hlophe-may-have-r2m-reasons-to-ride-out-storm-1.374251 |archive-date=2012-10-09 |access-date=2024-06-09 |website=IOL}}

In March 2008, Judge Steven Majiedt of the Northern Cape High Court granted Winston Nagan authorisation to sue Hlophe for defamation.{{Cite web |date=2009-03-19 |title=Hlophe defamation bid granted |url=https://mg.co.za/article/2009-03-19-hlophe-defamation-bid-granted/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} Nagan, a law professor at the University of Florida, had formerly been an acting judge in Hlophe's division and claimed that Hlophe had defamed him in remarks made in the courtroom in 2007;{{Cite web |date=2008-07-10 |title=U.S. professor to sue Hlophe |url=https://witness.co.za/archive/2008/07/11/us-professor-to-sue-hlophe-20150430/ |access-date=2024-06-09 |website=The Witness |language=en-US}} Hlophe had blamed Nagan for delays in certain judgments, saying that other judges had to step in to finalise Nagan's cases.{{Cite news |date=20 March 2007 |title=US judge leaves legal mess in Cape court |url=https://www.iol.co.za/news/south-africa/us-judge-leaves-legal-mess-in-cape-court-319590 |access-date=9 June 2024 |work=IOL}} Hlophe opposed the suit.{{Cite news |date=16 July 2008 |title=Put up cash, Hlophe tells litigant |url=https://www.iol.co.za/news/south-africa/put-up-cash-hlophe-tells-litigant-408476 |access-date=9 June 2024 |work=IOL}} He was served with summons in a R6-million claim in July 2009.{{Cite news |date=30 July 2009 |title=American professor sues Hlophe for R6m |url=https://www.iol.co.za/news/south-africa/american-professor-sues-hlophe-for-r6m-453332 |access-date=9 June 2024 |work=IOL}}

In mid-2009, a private lobby group named the Justice for Hlophe Alliance lodged an unusual "political-style campaign" calling for Hlophe to be appointed as Chief Justice of South Africa after Pius Langa's retirement.{{Cite web |date=2009-07-17 |title=Hlophe and the chamber of secrets |url=https://mg.co.za/article/2009-07-17-hlophe-and-the-chamber-of-secrets/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}}{{Cite news |date=13 July 2009 |title=Hlophe 'Immensely Qualified' to Be Chief Justice |url=https://allafrica.com/stories/200907130053.html |access-date=8 June 2024 |work=Business Day}}{{Cite web |date=2009-07-25 |title=Several more qualified than Hlophe |url=https://mg.co.za/article/2009-07-25-several-more-qualified-than-hlophe/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}} Paul Ngobeni was regarded as the leader of this campaign, and its cornerstone was Hlophe's calls for the demographic transformation of the South African judiciary and the "Africanisation" of South African law.{{Cite web |date=2009-07-10 |title=Hlophe calls for Africanisation of SA law |url=https://mg.co.za/article/2009-07-10-hlophe-calls-for-africanisation-of-sa-law/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |date=2009-07-10 |title=Hlophe: Africanise legal system |url=https://witness.co.za/archive/2009/07/11/hlophe-africanise-legal-system-20150430/ |access-date=2024-06-09 |website=The Witness |language=en-US}} Observers believed, however, that his chances were hurt by a pending complaint against him at the JSC {{See below|content=below}}.{{Cite web |date=2009-05-30 |title=Hlophe's blotted copy book |url=https://mg.co.za/article/2009-05-30-hlophes-blotted-copy-book/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}}

Sandile Ngcobo became the sole nominee for the Chief Justice position, though Hlophe's supporters continued to position Hlophe as Ngcobo's future successor.{{Cite web |date=2009-07-24 |title=Concourt dark horse takes the lead |url=https://mg.co.za/article/2009-07-24-concourt-dark-horse-takes-the-lead/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |date=2009-08-08 |title=Chief benchwarmer? |url=https://mg.co.za/article/2009-08-08-chief-benchwarmer/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}} Hlophe was, however, one of more than 20 candidates shortlisted for possible appointment to four other vacancies on the Constitutional Court bench. Indeed, the Mail & Guardian identified him as a frontrunner.{{Cite web |date=2009-09-18 |title=D-Day for Concourt candidates |url=https://mg.co.za/article/2009-09-18-dday-for-concourt-candidates/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}} The JSC interviewed him in Kliptown in September 2009 in the presence of a small group of supporters wearing Hlophe-branded T-shirts.{{Cite web |date=2009-09-21 |title=Hlophe grilled by JSC |url=https://mg.co.za/article/2009-09-21-hlophe-grilled-by-jsc/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}} His interview was tense – among other things, he was pressed about the pending and past misconduct complaints – and he was not among the seven judges whom the JSC recommended for elevation.{{Cite web |date=2009-09-22 |title=No place for Hlophe on Concourt shortlist |url=https://mg.co.za/article/2009-09-22-no-place-for-hlophe-on-concourt-shortlist/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}}

Over a decade later, as Chief Justice Mogoeng Mogoeng approached retirement in 2021, Hlophe was again nominated for the Chief Justice position, on that occasion by the Black Lawyers Association, the SA Natives Forum, and Democracy in Action.{{Cite web |last=Etheridge |first=Jenna |date=3 October 2021 |title=John Hlophe, Busisiwe Mkhwebane among nominations for chief justice |url=https://www.news24.com/news24/southafrica/news/john-hlophe-busisiwe-mkhwebane-among-nominations-for-chief-justice-20211003 |access-date=2024-06-08 |website=News24 |language=en-US}} The Economic Freedom Fighters also endorsed his candidacy.{{Cite web |date=2021-10-05 |title=EFF throws weight behind Hlophe to be next Chief Justice |url=https://www.sabcnews.com/sabcnews/eff-throws-weight-behind-hlophe-to-be-next-chief-justice/ |access-date=2024-06-08 |website=SABC News |language=en-US}} However, he was not shortlisted for the vacancy.{{Cite web |last=Basson |first=Adriaan |date=1 November 2021 |title=Hlophe not shortlisted for chief justice vacancy |url=https://www.news24.com/news24/southafrica/news/breaking-hlophe-not-shortlisted-for-chief-justice-vacancy-20211101 |access-date=2024-06-08 |website=News24 |language=en-US}}

{{Main|John Hlophe gross misconduct}}

In June 2008, the bench of the Constitutional Court lodged a formal complaint against Hlophe at the JSC, alleging that he had attempted improperly to interfere with its deliberations in the matter of Thint v NDPP.{{Cite web |date=2008-06-20 |title=Hlophe: The big questions |url=https://mg.co.za/article/2008-06-20-hlophe-the-big-questions/ |access-date=2024-02-21 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |date=2008-06-16 |title=Court mulls 'undue influence' claims against Hlophe |url=https://mg.co.za/article/2008-06-16-court-mulls-undue-influence-claims-against-hlophe/ |access-date=2024-02-21 |website=The Mail & Guardian |language=en-ZA}} That matter concerned the ongoing corruption investigation into politician Jacob Zuma, who became the President of South Africa in 2009. Justices Bess Nkabinde and Chris Jafta alleged that Hlophe had attempted to sway their judgment in Zuma's favour. These allegations launched a 15-year-long public controversy and protracted multi-party litigation in multiple courts.{{Cite web |last=Tilley |first=Alison |date=2019-09-06 |title=Ten years later, still no action on Hlophe complaint |url=https://groundup.org.za/article/10-years-later-still-no-action-hlophe-complaint/ |access-date=2024-06-08 |website=GroundUp News |language=en}}{{Cite web |last=Rabkin |first=Franny |date=15 January 2023 |title=Judging history: The great, grey, grievous John Hlophe saga |url=https://www.timeslive.co.za/sunday-times/opinion-and-analysis/insight/2023-01-15-judging-history-the-great-grey-grievous-john-hlophe-saga/ |access-date=2024-06-08 |website=Sunday Times |language=en-ZA}}{{Cite web |last=Swart |first=Mia |date=26 September 2023 |title=John Hlophe is Houdini in a nation of escape artists |url=https://www.businesslive.co.za/bd/opinion/2023-09-26-mia-swart-john-hlophe-is-houdini-in-a-nation-of-escape-artists/ |access-date=2024-06-09 |website=Business Day |language=en-ZA}} At the height of the scandal, Hlophe was placed on special leave between May 2008 and September 2009.{{Cite web |date=2 September 2009 |title=Back to work for Hlophe |url=https://www.news24.com/news24/back-to-work-for-hlophe-20090902 |access-date=2021-01-28 |website=News24 |language=en-US}}{{Cite web |last1=Dawes |first1=Nic |last2=Alcock |first2=Sello S. |date=1 February 2009 |title=Courting trouble |url=https://mg.co.za/article/2009-02-01-courting-trouble/ |access-date=3 December 2023 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |date=2009-07-10 |title=Hlophe: I'm coming back to work |url=https://mg.co.za/article/2009-07-10-hlophe-im-coming-back-to-work/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}} He denied the justices' allegations and claimed that they were part of a political conspiracy against Zuma's allies.{{Cite web |date=2009-08-08 |title='I am not going to shake a white man's hand' |url=https://mg.co.za/article/2009-08-08-i-am-not-going-to-shake-a-white-mans-hand/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}}

In April 2021, a Judicial Conduct Tribunal concluded unanimously that Hlophe had committed gross and impeachable misconduct in attempting improperly to influence Justices Nkabinde and Jafta. The tribunal, chaired by retired Judge Joop Labuschagne, found that Hlophe's actions violated the Constitution and "seriously threatened" the independence and dignity of the Constitutional Court.{{Cite web |last=Maughan |first=Karyn |date=10 April 2021 |title=Hlophe found guilty of gross misconduct for trying to sway two ConCourt justices in Zuma case |url=https://www.news24.com/news24/southafrica/news/hlophe-found-guilty-of-gross-misconduct-for-trying-to-sway-two-concourt-justices-in-zuma-case-20210410 |access-date=2024-06-08 |website=News24 |language=en-US}} In August 2021, this finding was endorsed by the JSC, which referred to the National Assembly its recommendation that Hlophe should be impeached in terms of Section 177 of the Constitution.{{Cite web |last=Thamm |first=Marianne |date=2021-08-25 |title=Twelve years later: Western Cape Judge President John Hlophe finally faces impeachment and removal from the Bench |url=https://www.dailymaverick.co.za/article/2021-08-25-twelve-years-later-western-cape-judge-president-john-hlope-finally-faces-impeachment-and-removal-from-the-bench/ |access-date=2024-06-08 |website=Daily Maverick |language=en}} While Hlophe pursued legal appeals, the JSC recommended in July 2022 that Hlophe should be suspended from judicial office pending impeachment proceedings;{{Cite web |last=Maughan |first=Karyn |date=25 July 2022 |title=Judicial Service Commission recommends Hlophe's suspension to Ramaphosa |url=https://www.news24.com/news24/southafrica/news/judicial-service-commission-recommends-hlophes-suspension-to-ramaphosa-20220725 |access-date=2024-06-08 |website=News24 |language=en-US}} President Cyril Ramaphosa effected his suspension in December that year.{{Cite web |last=Ferreira |first=Emsie |date=2022-12-14 |title=Ramaphosa suspends Judge President Hlophe |url=https://mg.co.za/news/2022-12-14-ramaphosa-suspends-hlophe/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}}

Despite further legal challenges by Hlophe, the National Assembly adopted a resolution to impeach him on 21 February 2024.{{Cite web |last=Thamm |first=Marianne |date=2024-02-21 |title=Huge majority of MPs vote to impeach Western Cape Judge President Hlophe |url=https://www.dailymaverick.co.za/article/2024-02-21-huge-majority-of-mps-vote-to-impeach-western-cape-judge-president-john-hlophe/ |access-date=2024-06-08 |website=Daily Maverick |language=en}} On 5 March, the Sunday Independent reported that President Ramaphosa had written to Hlophe to inform him that his impeachment had been effected on 1 March.{{Cite news |date=5 March 2024 |title=Ramaphosa removes Judge President Hlophe from office |url=https://www.iol.co.za/sundayindependent/news/ramaphosa-removes-judge-president-hlophe-from-office-2b45493e-518f-4af0-aff5-fbb452f32a55 |access-date=8 June 2024 |work=Sunday Independent}} Ramaphosa released public confirmation the following day.{{Cite web |last=Gerber |first=Jan |date=6 March 2024 |title=Hlophe, Motata officially removed from the Bench – Presidency |url=https://www.news24.com/news24/politics/government/hlophe-motata-officially-removed-from-the-bench-presidency-20240306 |access-date=2024-06-08 |website=News24 |language=en-US}} Hlophe became the first South African judge to be impeached since the end of apartheid.{{Cite news |date=2024-02-22 |title=John Hlophe: South Africa's parliament impeaches top judge |url=https://www.bbc.com/news/world-africa-68367284 |access-date=2024-06-08 |work=BBC News |language=en-GB}}

On 15 January 2020, while Hlophe was battling the Constitutional Court justices' complaint against him, Western Cape Deputy Judge President Patricia Goliath lodged her own complaint against him at the JSC.{{Cite web |last=Vos |first=Pierre de |date=22 January 2020 |title=Cape High Court faces credibility crisis over Hlophe allegations |url=https://www.dailymaverick.co.za/article/2020-01-22-cape-high-court-faces-credibility-crisis-over-hlophe-allegations/ |access-date=2020-01-23 |website=Daily Maverick |language=en}} The complaint traversed a wide range of serious allegations, including that Hlophe had physically assaulted another judge in chambers (later identified as Judge Mushtak Parker),{{Cite web |last=Thamm |first=Marianne |date=2020-12-01 |title=Judge President John Hlophe accuses Daily Maverick of waging a campaign against him – but here are the facts |url=https://www.dailymaverick.co.za/article/2020-12-01-judge-president-john-hlophe-accuses-daily-maverick-of-waging-a-campaign-against-him-but-here-are-the-facts/ |access-date=2024-06-09 |website=Daily Maverick |language=en}} that he had created "a climate of fear and intimidation" in the Western Cape Division, and that he had given nepotistic favourable treatment to his wife, Judge Gayaat Salie-Hlophe.{{Cite web |last=Thamm |first=Marianne |date=2020-01-21 |title=Sex, lies, physical assault & court rigging — all in a day's work for John Hlophe, claims his deputy |url=https://www.dailymaverick.co.za/article/2020-01-22-sex-lies-physical-assault-court-rigging-all-in-a-days-work-for-john-hlophe-claims-his-deputy/ |access-date=2024-06-09 |website=Daily Maverick |language=en}}{{Cite web |last=Petersen |first=Tammy |date=22 January 2020 |title=Goliath vs Hlophe: Unhappiness after Rohde trial allocated to 'junior judge' Salie-Hlophe, deputy claims |url=https://www.news24.com/news24/goliath-vs-hlophe-unhappiness-after-rohde-trial-allocated-to-junior-judge-salie-hlophe-deputy-claims-20200122 |access-date=2024-01-06 |website=News24 |language=en-US}} Goliath's compliant said that Hlophe had sidelined her to such an extent that she occupied the deputy judge presidency "in name only"; in her account, this was partly the result of personal resentments stemming from an incident in 2017, when Salie-Hlophe had asked Goliath to take her to the hospital after an altercation at Hlophe's home.{{Cite web |date=2020-01-21 |title='Judge President Hlophe tried to influence allocation of judges to nuclear case' |url=https://mg.co.za/article/2020-01-21-judge-president-hlophe-tried-to-influence-allocation-of-judges-to-nuclear-case-says-his-deputy/ |access-date=2024-01-06 |website=The Mail & Guardian |language=en-ZA}} Commentators wondered whether this was an oblique reference to a domestic violence incident.{{Cite web |last=Rabkin |first=Franny |date=2020-01-23 |title=Hlophe complaint is an eerie echo |url=https://mg.co.za/article/2020-01-24-hlophe-complaint-is-an-eerie-echo/ |access-date=2020-02-04 |website=Mail & Guardian |language=en-ZA}}

Perhaps most seriously, Goliath alleged that, in 2015, Hlophe had intervened in the administration of Earthlife Africa Johannesburg v Minister of Energy, a politically sensitive case in which civil society groups lodged a successful challenge to President Zuma's Russian nuclear deal. Goliath claimed that Hlophe had attempted to persuade Goliath to allocate the case to two judges whom he perceived as "favourably disposed" toward Zuma; according to her, he informed her that "criticism of former President Jacob Zuma with regard to the controversial nuclear deal was unwarranted".

Hlophe and Salie-Hlophe responded through their lawyer, Barnabas Xulu, who dismissed Goliath's allegations as baseless rumour-mongering. In subsequent statements, Salie-Hlophe accused Goliath of fostering "an unhealthy obsession with my marriage",{{Cite web |date=2020-01-25 |title=Salie-Hlophe accuses Goliath of lying and racism |url=https://mg.co.za/article/2020-01-25-salie-hlophe-accuses-goliath-of-lying-and-racism/ |access-date=2024-01-06 |website=The Mail & Guardian |language=en-ZA}} and Hlophe alleged that Goliath had encouraged Salie-Hlophe to "file charges of a fake assault" after the 2017 incident, which he denied had involved domestic violence.{{Cite web |date=2020-02-07 |title=Hlophe: Goliath's 'false allegations' amount to gross misconduct |url=https://mg.co.za/article/2020-02-07-hlophe-goliaths-false-allegations-amount-to-gross-misconduct/ |access-date=2024-01-06 |website=The Mail & Guardian |language=en-ZA}} The General Council of the Bar urged Hlophe and his wife to take special leave pending a JSC inquiry.{{Cite web |last=Petersen |first=Tammy |date=2020-02-04 |title=Advocates' body wants Judge President Hlophe and Judge Salie-Hlophe to take special leave |url=https://www.news24.com/SouthAfrica/News/advocates-body-wants-judge-president-hlophe-and-judge-salie-hlophe-to-take-special-leave-20200204 |access-date=2020-02-04 |website=News24 |language=en}}

The Judicial Conduct Committee appointed Nambitha Dambuza, an appellate judge, to investigate. In March 2021, Dambuza reported that there was no evidence of misconduct by Salie-Hlophe and recommended a broader investigation of the 2017 domestic incident, to include the question of whether Goliath herself had committed misconduct against the Hlophe couple.{{Cite web |last=Khumalo |first=Juniour |date=6 March 2021 |title=Judicial Conduct Committee dismisses allegations against Judge Salie-Hlophe |url=https://www.news24.com/citypress/news/judicial-conduct-committee-dismisses-allegations-against-judge-salie-hlophe-20210306 |access-date=2024-01-06 |website=City Press |language=en-US}}{{Cite web |last=Mitchley |first=Alex |date=7 March 2021 |title=Complaints against Judge Gayaat Salie-Hlophe not supported by available evidence - JCC |url=https://www.news24.com/news24/southafrica/news/complaints-against-judge-gayaat-salie-hlophe-not-supported-by-available-evidence-jcc-20210307 |access-date=2024-01-06 |website=News24 |language=en-US}} In November 2023, however, the Judicial Conduct Committee reversed Dambuza's recommendation, concluding that there was no need to investigate Goliath and that Hlophe should face an impeachment charges in respect of the allegations contained in Goliath's complaint.{{Cite web |last=Maughan |first=Karyn |date=11 December 2023 |title=Goliath 'pleased to have been vindicated' after JSC drops Hlophe racism complaint against her |url=https://www.news24.com/news24/southafrica/news/goliath-pleased-to-have-been-vindicated-after-jsc-drops-hlophe-racism-complaint-against-her-20231211 |access-date=2024-01-06 |website=News24 |language=en-US}} That process became moot when Hlophe was impeached on separate charges.

In mid-2020, at the peak of the dispute between Goliath and Hlophe, a whistleblower alleged that Hlophe had contracted hitmen to assassinate Goliath.{{Cite web |last=Thamm |first=Marianne |date=2020-09-05 |title=Western Cape Judge President John Hlophe named in investigation into alleged plot to kill fellow judge |url=https://www.dailymaverick.co.za/article/2020-09-05-western-cape-judge-president-john-hlophe-named-in-investigation-into-alleged-plot-to-kill-fellow-judge/ |access-date=2024-06-10 |website=Daily Maverick |language=en}}{{Cite web |last=Thamm |first=Marianne |date=2020-09-08 |title=The accused mastermind behind the KZN hit on Sindiso Magaqa implicated in alleged plot to kill Judge Goliath |url=https://www.dailymaverick.co.za/article/2020-09-08-the-accused-mastermind-behind-the-kzn-hit-on-sindiso-magaqa-implicated-in-alleged-plot-to-kill-judge-goliath/ |access-date=2024-06-10 |website=Daily Maverick |language=en}} Hlophe strongly denied the allegations, which his lawyer called "a corrupt attack on him and ultimately on judicial independence", and he called for a judicial commission of inquiry into the origin of the allegations.{{Cite web |last=Thamm |first=Marianne |date=2020-09-11 |title=Hlophe responds to assassination allegations – calls for inquiry, accuses Mogoeng of bias, says whistleblower 'a snitch' |url=https://www.dailymaverick.co.za/article/2020-09-11-hlophe-finally-responds-to-assassination-plot-allegations-calls-for-judicial-inquiry-accuses-mogoeng-of-bias-calls-whistleblower-a-snitch/ |access-date=2024-06-10 |website=Daily Maverick |language=en}}{{Cite web |date=2020-09-19 |title=Hlophe says 'assassination plot' is a bid to sully his name |url=https://mg.co.za/news/2020-09-19-hlophe-says-assassination-plot-is-a-bid-to-sully-his-name/ |access-date=2024-06-10 |website=The Mail & Guardian |language=en-ZA}}

Hlophe was not on the uMkhonto weSizwe's (MK) original list of candidates for the 2024 South African General Election.{{Cite web |last=Ferreira |first=Emsie |date=2024-06-21 |title=Hlophe to become MK party's parliamentary leader |url=https://mg.co.za/news/2024-06-21-hlophe-to-become-mk-partys-parliamentary-leader/ |access-date=2024-06-25 |website=The Mail & Guardian |language=en-ZA}} On 24 June 2024, Mkhonto weSizwe instructed over 100 members to withdraw from its reserve list of parliamentary candidates to allow 21 new people, including Hlophe, to represent the party in the National Assembly.{{Cite web |last=Mashale |first=Koena |date=24 June 2024 |title=How MK manoeuvred its Parly list to get Hlophe in |url=https://www.sowetanlive.co.za/news/south-africa/2024-06-24-how-mk-manoeuvred-its-parly-list-to-get-hlophe-in/ |access-date=25 June 2024 |website=Sowetan Live}}

In June 2024, Hlophe was selected to represent uMkhonto weSizwe as its chief whip in the National Assembly.{{Cite web |last=Grootes |first=Stephen |date=2024-06-24 |title=Judged, disgraced and now recycled — John Hlophe's return to the main parliamentary stage |url=https://www.dailymaverick.co.za/article/2024-06-24-judged-disgraced-and-now-recycled-hlophes-return-to-the-main-parliamentary-stage/ |access-date=2024-06-25 |website=Daily Maverick |language=en}}

In July 2024, MK nominated Hlophe as their candidate to stand on the Judicial Service Commission (JSC). His nomination was opposed by the Democratic Alliance (DA), Freedom Front Plus (FF+) and the African Christian Democratic Party (ACDP), citing his impeachment as a judge. {{Cite web |last=Ndenze |first=Babalo |title=John Hlophe to officially represent Parliament on the JSC |url=https://www.ewn.co.za/2024/07/09/john-hlophe-to-officially-represent-mk-party-in-parliament-on-the-jsc |access-date=2024-10-07 |website=EWN |language=en}} He was appointed a week later. However a number of parties applied to the court to prevent him from taking his seat, with the court ruling against Hlophe.{{Cite web |last=Nemakonde |first=Vhahangwele |date=2024-10-01 |title=MK party threatens legal action and mass protest if JSC sitting not postponed |url=https://www.citizen.co.za/news/mk-party-legal-action-protest-jsc-sitting-not-postponed/ |access-date=2024-10-07 |website=The Citizen |language=en}} In October 2024, MK withdrew its nomination of Hlophe.{{Cite web |last=Ludidi |first=Velani |title= John Hlophe withdraws from JSC |url=https://www.news24.com/news24/southafrica/news/john-hlophe-withdraws-from-jsc-20241007 |access-date=2024-10-07 |website=News24 |language=en}}

Hlophe was formerly married to Nompumelelo Hlophe (née Shongwe), with whom he had children. He was later married to Judge Gayaat Salie-Hlophe between 2015 and 2022;{{Cite web |last=Petersen |first=Tammy |date=10 January 2023 |title=Settled: Embattled Western Cape judges Hlophe and Salie finalise divorce |url=https://www.news24.com/news24/southafrica/news/top-western-cape-judges-divorce-as-legal-tug-of-war-rages-20230110 |access-date=2024-01-06 |website=News24 |language=en-US}} he converted to Islam ahead of the marriage.{{Cite web |date=28 April 2015 |title=Hlophe weds in Muslim ceremony |url=https://www.timeslive.co.za/news/south-africa/2015-04-28-hlophe-weds-in-muslim-ceremony/ |access-date=2024-06-09 |website=Sunday Times |language=en-ZA}}{{Cite web |last=Thamm |first=Marianne |date=2020-07-07 |title=In unprecedented counterattack, Hlophe blames Mogoeng's decision to send him to misconduct tribunal on anti-Muslim bias |url=https://www.dailymaverick.co.za/article/2020-07-07-in-unprecedented-counterattack-hlophe-blames-mogoengs-decision-to-send-him-to-misconduct-tribunal-on-anti-muslim-bias/ |access-date=2024-06-09 |website=Daily Maverick |language=en}} One of his children, Thuthuka Hlophe, pled guilty to fraud in 2012.{{Cite web |date=2012-06-26 |title=Judge Hlophe's son fined for fraud |url=https://mg.co.za/article/2012-06-26-hes-son-fined-for-fraud/ |access-date=2024-06-08 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |date=2009-03-19 |title=Judge Hlophe's son in court for R418 000 fraud |url=https://witness.co.za/archive/2009/03/20/judge-hlophes-son-in-court-for-r418-000-fraud-20150430/ |access-date=2024-06-08 |website=The Witness |language=en-US}}

Commentators often teased Hlophe for his apparent penchant for luxury goods. This was partly the result of his infamous fondness for game hunting and winemaking;{{Cite web |date=12 April 2006 |title=Hlophe dangerous – to springbok |url=https://www.news24.com/news24/hlophe-dangerous-to-springbok-20060412 |access-date=2024-06-09 |website=News24 |language=en-US}}{{Cite web |date=2011-07-01 |title=Judgment looms for Hlophe's vintage |url=https://mg.co.za/article/2011-07-01-judgment-looms-for-hlophes-vintage/ |access-date=2024-06-09 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |last=Eedes |first=Christian |date=2016-07-18 |title=Tim James: Will we ever see a wine from Judge Hlophe? |url=https://winemag.co.za/wine/opinion/tim-james-will-we-ever-see-a-wine-from-judge-hlophe/ |access-date=2024-06-09 |website=winemag |language=en-US}} among his various business interests was a stake in a wine farm in Agter-Paarl and a company called Malebo Farmer's Wine, which he formed in 2005 with an eye to branding "Hlophe shiraz". It was also the result of reports that, in 2007, he wrote to the Department of Transport and Public Works with a request to upgrade his official vehicle, a Mercedes-Benz ML500, to a Porsche Cayenne.{{Cite news |date=17 November 2007 |title=From Merc to Porsche, Hlophe wants a new car |url=https://www.iol.co.za/news/south-africa/from-merc-to-porsche-hlophe-wants-a-new-car-379203 |access-date=9 June 2024 |work=IOL}} In June 2011, he was briefly arrested on the N1 near Kraaifontein for a traffic offence;{{Cite news |date=23 June 2011 |title=Judge Hlophe stays mum on road offence |url=https://www.iol.co.za/the-star/news/judge-hlophe-stays-mum-on-road-offence-1087192 |access-date=9 June 2024 |work=Star}}{{Cite web |date=23 June 2011 |title=Judge Hlophe in traffic charge |url=https://www.sowetanlive.co.za/news/2011-06-23-judge-hlophe-in-traffic-charge/ |access-date=2024-06-09 |website=Sowetan |language=en-ZA}} he paid an admission of guilt fine for overloading his bakkie.

• Impeachment in South Africa

{{reflist}}

• [https://web.archive.org/web/20070929092612/http://www.businessday.co.za/downloads/judiciary/JudgeHlopheReport.pdf "Report on Racism in the Cape Provincial Division"] at Business Day

{{Leaders of the Opposition (South Africa)}}

{{Jacob Zuma}}

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{{DEFAULTSORT:Hlophe, John}}

Category:1959 births

Category:Living people

Category:People from KwaDukuza Local Municipality

Category:Zulu people

Category:20th-century South African judges

Category:21st-century South African judges

Category:University of Natal alumni

Category:University of Fort Hare alumni

Category:Alumni of the University of Cambridge

Category:Jacob Zuma

Category:Judges of the Western Cape High Court

Category:South African Muslims

Category:Converts to Islam

Category:UMkhonto we Sizwe politicians

Category:Members of the National Assembly of South Africa 2024–2029