The Judicial Conduct Tribunal was scheduled to begin on Monday 2 July 2018. The Tribunal members and counsel convened at the Park Inn Hotel, in Sandton. Justices Bess Nkabinde and Chris Jafta were also present as they had made themselves available to be called as witnesses. Judge President Hlophe was not present.
As the meeting convened the chairperson of the Tribunal, Judge Labuschagne, said that Tribunal member Judge Musi had a prepared statement to make. In his statement Judge Musi said that the Tribunal had received an urgent affidavit from Judge President Hlophe calling on Judge Musi to recuse himself due to some disparaging remarks he had allegedly made about Hlophe in 2017. Judge Musi denied these allegations but stated that in light of the circumstances he was recusing himself from the Tribunal.
Judicial Conduct Tribunals are made up of three members, and as Judge Musi has recused himself, the Chief Justice will now have to appoint another judge to sit on the tribunal. The Tribunal cannot continue until this new member is appointed.
Judge Labuschagne has postponed the Tribunal sine die (meaning that the date of the next hearing has not yet been determined).
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