In an answering affidavit, Hlophe instead took aim at FUL and its chairperson, former Constitutional Court justice Johann Kriegler. He said the organisation had a vendetta against him and that Kriegler was a regular public speaker “commenting liberally on my lack of ability, shortcomings, character flaws, disposition, reputation, etc.”
Hlophe also brought up how, in 2009, Cyril Ramaphosa and Kgomotso Moroka SC, who had sat on FUL’s international advisory board and board respectively, had left the organisation after they said they were not consulted on an earlier decision to litigate against the JSC and Hlophe.
On Monday Hlophe said FUL had not made out a case that it had a direct and substantial interest in the matter or that it was acting in the public interest, as required to join as a party to the litigation.
Hlophe’s counsel Thembalihle Sidaki said FUL had not showed that its rights would be adversely affected or would be likely to be affected.