Two cases in which FUL has an interest, one relating to General Mdluli and the other to Judge President Hlophe, will shortly be before the courts again.
The Mdluli matter
Tomorrow (Thursday 24 October) Judge Murphy will hear applications in the North Gauteng High Court for leave to appeal against the judgment he granted a month ago in favour of FUL. Although FUL is satisfied that the judgment is correct and is confident that it will be upheld on appeal, it is not opposing these applications. As its attorneys have indicated to their opposite numbers, FUL believes that the legal and factual issues involved are of such importance that they warrant the attention of a higher court. At the same time, however, FUL will be asking the judge to extend or reinstate the interdict barring General Mdluli’s involvement in police work pending the final determination of the case.
The Hlophe matter
The ongoing saga involving Hlophe JP has taken yet another unforeseen turn. It appears from papers filed in the high court in a review application on behalf of Justices Nkabinde and Jafta that, contrary to popular belief when the enquiry was adjourned earlier this month, the justices do not object to giving evidence relating to Judge Hlophe’s vexed communications to them five-and-a-half years ago. On the contrary, while adhering to what they have said throughout, they are objecting to the procedure adopted by the Judicial Service Commission in pursuing the matter. This procedure, the justices believe, involves questions of principle that ought to be determined before the enquiry into Judge Hlophe’s conduct proceeds. In view of its long-standing interest in the matter, FUL will be watching the proceedings closely.