Western Cape Deputy Judge President Patricia Goliath is "pleased to have been vindicated" by the Judicial Service Commission's (JSC) findings that there was no "prima facie" evidence supporting suspended Judge President John Hlophe's racism accusations against her, her lawyer says.

Goliath also confirmed that she would "continue to furnish her full support to the commission in dealing with the complaints made by our client against Judge President Hlophe in order to advance the administration of justice in the Western Cape, in accordance with the rule of law", her attorney Riaan Meintjes said.

In a statement released to News24 on Friday, the JSC confirmed it had recommended that Hlophe – who already faces the possibility of removal from office in relation to his proven efforts to sway two Constitutional Court justices to rule in favour of then-African National Congress (ANC) president Jacob Zuma – should face a second impeachment investigation over Goliaths accusations against him.

It is now up to Chief Justice Raymond Zondo to confirm this decision and decide on how and when this second gross misconduct tribunal will be conducted.

Goliath claimed that Hlophe had used abusive language against her and assaulted Judge Mushtak Parker, allegedly because he believed that Parker was making advances on his now former wife, Judge Gayaat Salie-Hlophe.

In response, Hlophe accused Goliath of racism and using the K-word – based on an alleged unsigned media statement made by Salie Hlophe. 

In relation to these complaints, the "small" JSC – which excludes politicians – has now found that "there is no prima facie evidence that substantiates the allegation of racism [nor the] use of the K-word" and noted that "in her signed affidavit to the JCC [Judicial Conduct Committe], Judge Salie-Hlophe makes no reference to the alleged racism or use of the K-word referred to in her unsigned media statement which JP Hlophe relied upon in his complaint…"

This finding raises serious questions about the authenticity of Salie-Hlophe's media statement, which Goliath has slammed as untrue and defamatory. 

Goliath has also painted a damning picture of Hlophe, whom she said  "exploded into a fit of rage and aggressively shouted at me: 'You are a rubbish and piece of shit, get out of my office'" after she assisted Salie-Hlophe when she was injured at the couple's home. 

Hlophe has denied assaulting Salie-Hlophe, who has since divorced him. 

In a series of events that remain highly disputed, Goliath also claimed that Parker told her and Judge Derek Wille that Hlophe had barged into his chambers "in a state of rage and twice shouted at him: 'Do you want to f*** my wife?'". 

According to Goliath, Parker said Hlophe had violently pushed against his upper body in an attack that caused him to fall to the ground and injure his back. 

Parker has reportedly denied making these assertions about Hlophe and himself now faces a gross misconduct investigation over his conflicting accounts of his alleged assault by the now suspended judge president, as well as allegations that he did not disclose, when he was interviewed for the Bench, that a law firm to which he was connected had an R8-million deficit in its trust account.

To make things even messier, after Hlophe denied using abusive language against Goliath in that October 2019 meeting, she produced an alleged recording of him swearing at her. Hlophe then argued that she should face impeachment for secretly recording him – an accusation the JSC has now dismissed.

The JSC stated:

[W]hile it is not desirable that judges secretly record their conversations with each other, in this case it is understandable, taking into account the admitted facts of the acrimonious relationship between JP Hlophe and DJP Goliath at the time.

It added that there was no prima facie evidence in support of Hlophe's complaint that Goliath improperly disclosed information relating to a pending case.

As a result, after a three-year battle, Goliath no longer faces the prospect of a gross misconduct investigation.