Suspended Western Cape Judge President John Hlophe’s appeal against the impeachable gross misconduct decision made against him lapsed because he couldn’t afford to pay more than 500,000 rand to print out the entire record of the decade-long proceedings.
In May of last year, Hlophe was given leave to appeal to the Supreme Court of Appeal (SCA) against the gross misconduct decision issued against him.
He is arguing for unlimited and unconditional taxpayer support of that litigation in another possibly far-reaching judicial battle.
He stated in an affidavit to the Gauteng High Court in Johannesburg that he needed cash for legal representation.
“It is not a free service, and when the state has a duty to provide funding but unlawfully refuses to do so, it affects my access to the courts.”
“Right now, my appeal has lapsed due to my inability to pay for a record.” The record costs more than R600,000, and despite my lawyer’s efforts to acquire approval from the parties for a reduced record that could cost less, none were forthcoming,” Hlophe stated in the statement.
He stated that he was now required to produce a complete record of proceedings covering more than ten years.
Hlophe should contact Legal Aid, according to Freedom Under Law (FUL).
Judith February, the executive officer of FUL, chastised Hlophe for proposing that the state pay his legal battle.