On Friday, 29 July 2022, the Judicial Conduct Committee (JCC) of the Judicial Service Commission (JSC) found that former Justice of the Constitutional Court, Johann Kriegler, had breached the Code of Judicial Conduct (the Code) when he, on 1 March 2021, made a public statement in the media that Judge President John Hlophe of the Western Cape High Court in Cape Town was “unfit to be a judge”.

On 30 August 2022, Justice Kriegler appealed against the ruling. On 25 November 2022, the complainant (Vuyani Ngalwana SC) filed a response to the appeal and cross-appealed in relation to the other complaints against Justice Kriegler that the JCC had dismissed.

The JCC appeal panel, comprising Justice Jafta (ex Concourt Judge), Justice Shongwe (SCA) and Justice Saldulker (SCA), have now issued an appeal ruling on 2 February 2024 dismissing Justice Kriegler’s appeal. In paragraph 7 of its appeal ruling, the panel says: “There is no appeal against the dismissal of the other complaints”. This is a factually incorrect statement. It would appear that the panel may not have received Ngalwana’s cross-appeal of 25 November 2022, which was acknowledged by the JCC secretariat on 28 November 2022.

For a full perspective of the complaint, ruling, appeal and appeal ruling, here are the links to

Justice Johann Kriegler Complaint – Signed 20 April 2021

Justice Kriegler response – 17 June 2021

Reply to Justice Johann Kriegler Response – June 2021

Decision Adv Ngalwana SC against Justice Kriegler – 29 July 2022

Judge Kriegler’s notice of appeal 30082022-signed

Annex A to Justice Kriegler notice of appeal

Response to Justice Johann Kriegler Appeal – November 2022

JCC Appeal Ruling- Adv Ngalwana v Justice Kriegler complaint – 02 February 2024