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gcb & national news
GCB MEDIA RELEASE
Proposed Voluntary Special Leave for Western Cape High Court Judge President Hlophe and Judge Salie-Hlophe
4 February 2020
1. Amongst the core objectives of the General Council of has also been privy to Judge Salie-Hlophe’s public riposte
the Bar (“the GCB”) is one, to support the rule of law. to the Deputy Judge President’s complaint. At a minimum,
Respect for the integrity and independence of the Bench is therefore, the public is aware of a breakdown of trust
essential to the public’s respect for the judicial process as between the two most senior judges in the division and
the appropriate and effective means to resolve disputes and between the Deputy Judge President and Judge Salie-
adjudicate criminal liability and sanction. Conversely, the Hlophe, none of which engenders confidence in the judicial
legitimacy of the courts and rule of law are undermined if process.
serious questions surround the probity of judicial officers. 7. The allegations have yet to be considered by the JSC. The
2. This objective is in accordance with the adage: justice must GCB does not purport to express any views on the cogency
not just be done, but be seen to be done. of the allegations in the complaint, or of any response
3. When the judicial officer concerned is in a position thereto. The fact that these allegations have been made and
to decide not only those matters to which he or she is are in the public domain is sufficient to impact adversely on
assigned, but to decide upon or influence the selection of public confidence in the judiciary.
judges to preside in specific cases, any unresolved issues 8. Only when and in the event that the JSC decides to
tending to call into question the probity and independence institute a judicial conduct enquiry into the matter is there
of that judge pose serious concerns for the high regard in a legislative mechanism for the judges whose conduct is
which our courts are and ought to be held. under scrutiny, to be suspended pending finalisation of the
4. The Judge President has the power in his Division to assign process.
judges to specific cases and to decide who will be invited to 9. However, there is precedent for judges facing complaints
take up acting appointments in the Division. Acting judges of judicial misconduct to request the Minister of Justice and
are not recommended by the Judicial Services Commission Correctional Services to be permitted to go on special leave,
(“the JSC”). An acting judge has the same judicial authority before suspension is implemented. In the past, the Minister
as a permanent judge in relation to the matters that are has acceded to such requests.
assigned to that acting judge. 10. The GCB agrees with calls that have been made by its
5. In this context the GCB has noted with concern the very own constituent Bar, the Cape Bar Council and by other
serious allegations contained in an official complaint, under organisations and individuals, that it would be in the best
oath, by Deputy Judge President Goliath, to the JSC, in interests of the administration of justice and integrity of the
respect of the Judge President of the Western Cape Division High Court, for Judge President Hlophe and Judge Salie-
of the High Court , Judge Hlophe, and against Judge Salie- Hlophe to apply to go on special leave pending the JSC’s
Hlophe to whom the Judge President is married. All three deliberations.
judges serve on the Western Cape High Court Bench. 11. The GBC accordingly calls on the Judge President and
6. The complaint includes allegations that the Judge President Judge Salie-Hlophe to make such a request to the Minister
improperly sought to influence the appointment of judges and trusts that any such request will receive favourable
whom the Deputy Judge President was in the process consideration by the Minister.
of assigning to a high-profile matter involving former
President Zuma, as well as allegations that Judge Salie- Craig Watt-Pringle SC
Hlophe wields influence in the Division by virtue of her Chairperson
marital relationship with the Judge President. The public General Council of the Bar of South Africa
Ashraf Hendricks / GroundUp
Advocate April 2020 7
gcb & national news
GCB MEDIA RELEASE
On 0% Increase To Judges’ Remuneration
11 March 2020
The General Council of the Bar (GCB) has noted with concern − lowers morale amongst judges who already have
the decision by the Parliament’s Portfolio Committee to ap- high workloads and are often called on to use their
prove the proposal by the President of South Africa not to in- personal resources to meet their obligations,
crease the salaries of judges in the 2020 to 2021 financial year. − could cause sitting judges to consider leaving the
An independent, impartial and competent judiciary is essen- bench or
tial to the rule of law. Judges’ tenure and remuneration is pro- − to seek other sources of income which could detract
tected in section 176 of the Constitution, 1996 for this reason. from their performance and potentially their inde-
The GCB recognises and supports the need for economic pendence.
prudence in the current climate. The judiciary however is
in a special position upholding the constitution and the rule In the GCB’s view, a 0% increase for judges undermines our
of law; a task central to the functioning our democracy and judiciary and with it our democracy and economy. The GCB
economy. therefore calls upon Parliament to provide an increase in
Over at least the past ten years judge’s remuneration has judges’ salaries to ensure reasonable and fair compensation
been declining in real terms with consistent increases below for judges. At the very least this would require the implemen-
CPI. A judge now earns approximately 85% less in real terms tation of the recommendation of the Independent Commis-
than ten years ago. sion for the Remuneration of Public Office-bearers of a 3%
The reduction in judges’ remuneration over the past dec- increase back-dated to 1 April 2019.
ade in real terms:
− discourages appropriate candidates from seeking Craig Watt-Pringle SC
judicial appointment, Chairperson C
General Council of the Bar of South Africa M
Y
CM
MY
Advocate: The South African Bar Journal
CY
CMY
Guidelines for writers K
1. Advocate is the mouthpiece of the 3. Contributions and letters should be 5. The writer ’s academic and
South African Bar. It is a professional addressed to: professional qualifications, and also
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message. errors.
8 Advocate April 2020
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