6 September 2020

MEDIA RELEASE : FOR BROAD DISTRIBUTION

ALLEGATIONS WESTERN CAPE JUDGE PRESIDENT JOHN

HLOPHE NAMED IN INVESTIGATION INTO ALLEGED PLOT
TO ASSASSINATE DEPUTY JUDGE PRESIDENT PATRICIA
GOLIATH

We have consulted with our client, Judge President Hlophe and have been authorised to issue
the following statement:

1. Our client, Judge President Hlophe rejects with contempt the untruthful, malicious and
deliberate lies that were recently published about him in the news media arising from
a leaked report of the Judicial Inspectorate for Correctional Services (JICS).

2. Until a media inquiry sent to his office by a journalist from Daily Maverick, Ms Marianne
Thamm, Judge President Hlophe was unaware that such despicable, heinous and
false allegations have been made in a JICS report and leaked to a journalist whose
interest in his activities appears to be aimed at manufacturing outrage by perpetrating
malignant lies about him.

3. The leaking of this malicious report to the media and to this particular journalist who
appears incapable of being objective in matters concerning him, was intended to
provide the most damaging angle to the report on these baseless and malicious
rumours.

4. The JICS report is deeply flawed and malicious, and lacking in authenticity and
professionalism. The report, to the extent that it insinuates that there is any credibility

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in the untruthful reports about him, is highly defamatory, dangerous and designed
solely to tarnish his reputation.

5. To be very clear, Judge President has never been involved in any actions that could
even remotely justify the defamatory and unfortunate insinuations in the report of the
JICS. He has never met or spoken to any of the persons referred to in the report, either
in person or by any proxy anywhere.

6. Had the compilers of the JISC report given Judge President Hlophe an opportunity to
comment on these allegations, such a reasonable step would have prevented the
publication and leaking of a report whose defamatory contents is extravagant and far-
reaching.

7. The failure of the JICS to afford Judge President Hlophe the opportunity to engage
with these allegations prior to their publication, combined with the leaking of the report,
give no other impression than that of a malicious plot to manufacture malignant lies
about him.

8. Simply put the allegations that Judge President Hlophe is involved in any criminal
activities, including the hiring of assassins to kill the Deputy Judge President are false.
Any person publishing such allegations is involved in malicious acts of defamation with
the intention to undermine Judge President and ultimately judicial independence and
the integrity of the judicial office.

9. The Daily Maverick refers extensively to the said JICS report but deliberately omits
mentioning that the Department of Correctional Services officials have confirmed that
the alleged snitch or informant was “a troublemaker and that DCS has many problems
with him.” The informant is being held for “intimidation, defeating the ends of justice
and extortion.”

10. During the investigation, the inmate was “asked what he wanted in exchange for the
information and only said that he would like to be granted bail so he could attend his
trial while at home.”

11. The JICS report further notes that “April’s motive to relay the story was that maybe he
can be afforded bail and attend his trial whilst outside prison.” Further, investigators

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who interviewed the inmate “insinuated that April was making up the story and he is
being used by Judge Goliath.”

12. A member of the Eastern Cape (sic) to whom the inmate allegedly told the story, one
Akhona, “told April that JSC informed them about the visit and that April allegedly told
the two gentlemen that he was lying about the allegations because he wanted money.
Akhona was allegedly warned not to speak to April ever again because he is a liar.”

13. The JICS report ends by stating that “… if such information is openly disclosed and
later turns out to be false, the Judge President of the Western Cape Division will have
grounds for a claim of at least defamation.”

14. The JICS report makes mention that a report was made to Mr. Sello Chiloane of the
Judicial Services Commission, which is chaired by the Chief Justice Mogoeng, and
that following that report, two officials, who’s status is unknown to Judge President
Hlophe, were sent to investigate the alleged plot. These officials are said to have
disbelieved the so-called informant and warned the said Akhona not to speak to him
again.

15. While the Office of the Chief Justice has responded to a media inquiry in which it made
it clear that there was no merit in these allegations that Judge President Hlophe was
involved in alleged plot to kill Deputy Judge President, Judge President Hlophe will be
seeking information as to when and how this information came to the attention of the
Chief Justice, and whether these developments took place while Chief Justice
Mogoeng was in the process of adjudicating a complaint laid by Deputy Judge
President Goliath against Judge President Hlophe.

16. A report dated 9 September 2020 was published in the Witness newspaper and
News24 online publication, titled “Judge Goliath assassination ‘plot’: ‘Mastermind’ of
high-profile KZN killing fingered as ‘hitman’”.

17. An excerpt of this article reported as follows:

Asked what he thought about the allegations that Myeza was part of a plot to
assassinate Goliath, a senior official at the New Prison rubbished the claims.

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“When I first saw the issue being reported in the media I thought it was a joke. Even
now, I don’t believe that intelligent people such as lawyers and judges can waste so
much money following up leads provided by a prisoner.

“The fact of the matter is that prisoners have been doing this thing for many years now.
Honestly speaking I think the prisoner who called the advocate made up the story after
reading about the tensions between Judge Hlophe and other judges,” the official said.

18. In addition to the above, the following is clear from this leaked report of untruthful and
defamatory, an outstanding judicial officer:

18.1. The officials of the DCS did not believe him;

18.2. The alleged informant appears to have had a motive for lying;
18.3. The investigators suggested that he was being used by Goliath DJP; and
18.4. After the report was made to the Mr. Sello Chiloane of the Judicial Services
Commission two officials were sent to investigate the alleged plot. These
officials disbelieved the informant and warned Akhona not to speak to him
again.

19. Despite the above, it is reported that Goliath DJP has publicly stated that she made a
report to the Office of the Chief Justice on 3 June 2020 relating the alleged plot to kill
her. Furthermore she has publicly stated that following that report, her security has
been beefed up. We have not been favoured with a copy made by Goliath DJP to the
Chief Justice on the 3 June 2020.

20. The Chief Justice on 3 July 2020 gave a ruling in terms whereby he referred the
complaint of Goliath DJP against the Judge President was referred to the Judicial
Conduct Tribunal.

21. We noted an appeal against that ruling on 3 August 2020. In his ruling Mogoeng CJ
made reference to violence or abuse against woman. This was however not contained
in the papers before him. It appears that the Chief Justice was influenced by these
reports of fake allegations of an assassination plot by Goliath DJP.

22. The brief context in which these allegations have been made is important to reflect in
order to appreciate Judge President’s anxious position.

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23. On 31 August 2020 Judge President Hlophe lodged a complaint of gross judicial
misconduct against Chief Justice Mogoeng relating to the biased manner in which he
handled the complaint by Goliath DJP against him and the fact that the Chief Justice
had adjudicated a complaint in which he was potentially a witness to the allegations.

24. That complaint was launched through the normal procedures of the JSC. The Chief
Justice’s receipt of the further report involving allegations that Judge President Hlophe
has plotted to kill Goliath DJP followed by his decision to beef up her security, and
followed by an adverse ruling, requires a proper investigation into how these
complaints have been adjudicated.

25. We have reflected with Judge President Hlophe on the implications of these malicious
reports about him and can only emphasize the gravity of the allegations – not only for
him as the person falsely implicated in the reports – but for judicial independence and
the integrity of the judicial office.

26. Given the gravity of the allegations, the Judge President calls for a swift public and
transparent investigation of the issues by a judicial commission of inquiry.

27. Judge President undertakes to participate fully in this judicial commission of inquiry to
assist in getting to the bottom of this corrupt attack on him and ultimately on judicial
independence.

28. Such a commission of inquiry must be established swiftly and should conduct a public
and transparent investigation into the issues concerning this dangerous report of the
JICS and other related reports.

29. The further purpose of such an inquiry must be to affirm judicial independence, and it
should investigate, inter alia, the origins of the allegations in the JICS report, the
veracity of the allegations against Judge President Hlophe and enquire into and make
findings as to the appropriateness of the manner in which these allegations against
were handled and to make recommendations as to how such allegations concerning
judges ought to be handled in the future.

30. Judge President Hlophe has been a judge for some 26 years and a Judge President
for some 20 years. Those perpetrating these dangerous lies are urged to desist from
their unconstitutional agenda but that if there is evidence are urged to publicly provide

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evidence to a transparent investigating body that Judge President Hlophe can be

accountable to.

31. Given, further that these allegations implicate his fitness for office, the Judge President
urges the Judicial Services Commission to investigate these allegations with a view to
determining issues relevant to its jurisdiction. Judge President will cooperate fully with
all investigations but calls for such investigations to be public and transparent – as
opposed to being private.

END

For Enquiries: Barnabas Xulu

071 415 6370
barnabas@bxi.co.za

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