Top Judge Accused of Meddling in Zuma Corruption Case

South Africa's judiciary has been thrown into crisis after the country's highest court accused a top judge of an "improper attempt" to influence the outcome of a case involving corruption allegations against the leader of the ruling African National Congress, Jacob Zuma.

Opposition parties have called for the immediate resignation of the most senior judge in the Cape, John Hlophe, after the constitutional court said he approached some of its justices over the Zuma case, and reported him for investigation to the Judicial Services Commission (JSC), which oversees South Africa's judges.

The allegations against Hlophe come as the independence of the judiciary is increasingly under political pressure, particularly since Zuma, who is positioned to become the country's next president, was charged with corruption, racketeering and tax evasion over the South Africa's largest-ever weapons deal.

The ANC's moves to disband the independent investigation unit which indicted Zuma, and has prosecuted other senior party officials for corruption, has been widely condemned as an erosion of the rule of law. President Thabo Mbeki's attempts to block prosecution of the country's now suspended police chief, Jackie Selebi, for corruption and links to organized crime have also been criticized.

The constitutional court issued a statement accusing Hlophe of attempting to influence its pending decision over the legality of raids on Zuma's property and that of a French weapons company, Thint, two months after a high court judge found that Zuma had maintained a "generally corrupt relationship" with a former financial adviser convicted of soliciting bribes from the arms firm.

Although the constitutional court statement did not reveal how many judges were approached by Hlophe, or the exact nature of his attempts to influence them, its unprecedented move suggests there is little doubt that they regarded it as a blatant attempt to affect the course of justice.

"The judges of this court view conduct of this nature in a very serious light," the statement said.

Among those who endorsed the statement is the chief justice, Pius Langa, who has previously defended Hlophe during an official investigation into his undeclared acceptance of money from a private company while ruling on a legal case involving the same firm.

The opposition Democratic Alliance said the latest allegations "shakes the very foundations of our constitutional democracy" and called for Hlophe to step down immediately. The Cape Bar Council said it viewed the matter as "one of extreme emergency and extreme concern".

Hlophe told the South African press that the accusations are "utter rubbish" and that it is "inconceivable" that he had the power to influence the constitutional court. The court's statement said there was no suggestion that Zuma or Thint were aware of Hlophe's alleged approach to the judges.

But, in what appears to be a broader warning over threats to the independence of the judiciary, the constitutional court statement goes on to say that independent courts, applying the law "impartially and without fear, favour or prejudice", are a cornerstone of South Africa's new democracy.

"Any attempt to influence this or any other court outside proper court proceedings therefore not only violates the specific provisions of the constitution regarding the role and function of courts, but also threatens the administration of justice in our country and indeed the democratic nature of the state," the statement says.

"This court - and indeed all courts in our country - will not yield to or tolerate unconstitutional, illegal and inappropriate attempts to undermine their independence or impartiality. Judges and other judicial officers will continue - to the very best of their ability - to adjudicate all matters before them in accordance with the oath or solemn affirmation they took, guided only by the constitution and the law."

Hlophe was the subject of a curtailed inquiry by the JSC last year after he "inappropriately" failed to disclose that he accepted money from a management company while ruling in favor of it in a legal case. The commission said his explanation was "unsatisfactory" but discontinued the inquiry without explanation.

A former constitutional court judge, Johann Kriegler, said that Hlophe was guilty of "grossly improper conduct" and was not fit to be a judge.

"Judge Hlophe is not a fit and proper person to be a judge. His retention of office constitutes a threat to the dignity and public acceptance of the integrity of the courts," Kriegler wrote.

Eight senior members of the Cape Bar, including former judges, backed Kriegler and publicly called on Hlophe to resign. They said the commission's decision to end the inquiry was "puzzling".

"Public confidence in the JSC as principled upholder of judicial independence and integrity may not have been served by these events," they said in a letter to a Cape Town newspaper.