The Judicial Services Commission (JSC) is expected to argue its case in the Western Cape High Court this morning, on the second day of the hearing of the matter between Western Cape Premier Helen Zille and the JSC. Zille is challenging the decision of the JSC which cleared Cape Judge President John Hlophe of allegations of gross misconduct. The charges against Hlophe relate to him allegedly attempting to influence constitutional court judges in a matter involving President Jacob Zuma.

The court heard that the JSC meeting that decided Hlophe's fate did not make the required quorum as only ten took part instead of 13. Senior Counsel for Zille, Sean Rosenberg put it to the court that the majority challenge was reason enough to put the decision aside. Rosenberg submitted to the court that a declaratory order be made so as to clear what he said is a dark cloud hanging over Hlophe's professional integrity.

Meanwhile, retired Judge Johan Kriegler says he has not commented on the recent stand-off between Hlophe and Constitutional Court Judges. The judges accused Hlophe of trying to influence them in a matter involving Zuma. Kriegler yesterday filed an affidavit in the Western Cape High Court after Hlophe accused him of conducting a campaign against him.