The Judicial Service Commission (JSC) has opposed an application by justices Bess Nkabinde and Chris Jafta before their own court.
The justices turned to the Constitutional Court last month to apply for leave to appeal against the judgment of the Supreme Court of Appeal (SCA).
The justices had sought to challenge the legality of a tribunal investigating Western Cape Judge President John Hlophe.
Nkabinde and Jafta were among the 11 Constitutional Court justices who‚ in 2008‚ accused Hlophe of trying to influence the outcome of cases involving President Jacob Zuma.
When the Judicial Conduct Tribunal was about to conduct a formal hearing against Hlophe in 2013‚ Nkabinde and Jafta raised challenges against the tribunal’s constitutionality.
Tribunal chairman‚ retired Judge Joop Labuschagne‚ dismissed their objection that there was no valid complaint to be investigated.
This prompted the justices to take his decision on review to the high court in Johannesburg.
The full bench of the high court dismissed their application in 2014.
The SCA also dismissed their appeal earlier this year‚ prompting Nkabinde and Jafta to apply for leave to the court they serve in.
The Constitutional Court has not issued any directions on whether or not the application will be heard.
In its answering affidavit filed with the court on Monday this week‚ the commission said the lack of prospects of success in the appeal was a factor weighing heavily against the grant of leave to appeal to the Constitutional Court.
“It is not in the interests of justice to grant leave to appeal where there are no prospects of success‚” JSC member Ishmael Semenya said in the affidavit.
Semenya said Nkabinde and Jafta had already enjoyed a right of appeal against the decision of the full bench of the high court.
“Refusal of leave to appeal will bring finality to the present dispute‚” Semenya said.
In their application last month‚ Justices Nkabinde and Jafta said they had been advised by their counsel there had been difficulty in presenting their case before the SCA.
Nkabinde said a state attorney who attended the proceedings in Bloemfontein told them that he believed they were not afforded a fair hearing.
“The JSC takes the view that this attack on the SCA is unfortunate‚” Semenya said.
JSC opposes application by Nkabinde and Jafta in Constitutional Court
The justices turned to the Constitutional Court last month to apply for leave to appeal against the judgment of the Supreme Court of Appeal (SCA).
The justices had sought to challenge the legality of a tribunal investigating Western Cape Judge President John Hlophe.
Nkabinde and Jafta were among the 11 Constitutional Court justices who‚ in 2008‚ accused Hlophe of trying to influence the outcome of cases involving President Jacob Zuma.
When the Judicial Conduct Tribunal was about to conduct a formal hearing against Hlophe in 2013‚ Nkabinde and Jafta raised challenges against the tribunal’s constitutionality.
Tribunal chairman‚ retired Judge Joop Labuschagne‚ dismissed their objection that there was no valid complaint to be investigated.
This prompted the justices to take his decision on review to the high court in Johannesburg.
The full bench of the high court dismissed their application in 2014.
The SCA also dismissed their appeal earlier this year‚ prompting Nkabinde and Jafta to apply for leave to the court they serve in.
The Constitutional Court has not issued any directions on whether or not the application will be heard.
In its answering affidavit filed with the court on Monday this week‚ the commission said the lack of prospects of success in the appeal was a factor weighing heavily against the grant of leave to appeal to the Constitutional Court.
“It is not in the interests of justice to grant leave to appeal where there are no prospects of success‚” JSC member Ishmael Semenya said in the affidavit.
Semenya said Nkabinde and Jafta had already enjoyed a right of appeal against the decision of the full bench of the high court.
“Refusal of leave to appeal will bring finality to the present dispute‚” Semenya said.
In their application last month‚ Justices Nkabinde and Jafta said they had been advised by their counsel there had been difficulty in presenting their case before the SCA.
Nkabinde said a state attorney who attended the proceedings in Bloemfontein told them that he believed they were not afforded a fair hearing.
“The JSC takes the view that this attack on the SCA is unfortunate‚” Semenya said.
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