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The Judicial Services Commission (JSC) says it will decide within the next two weeks whether to apply for leave to appeal a Western Cape High Court ruling that nullified the JSC's decision to drop misconduct charges against Cape Judge President, John Hlophe. The High Court yesterday found that the JSC was not properly constituted when taking its decision. It also found that it was wrong not to include Western Cape Premier Helen Zille in their proceedings. JSC spokesperson, Dumisa Ntsebeza says they are still studying the judgment.

"In terms of the rules of court, the rules provide for a period of time within which an appeal process can be lodged by the losing party in any litigation. The situation is no different. I have not had sight of the rules immediately, but I think it is anything between 10 to 15 days."

Meanwhile, lawyers for Hlophe, say the court ruling does not mean that the disciplinary proceedings against their client will start anew. Hlophe's lawyer, Barnabas Xulu, elaborates: "There is a judgment which says the decision of the JSC was null and void and was set aside, but it does not say whether the JSC must start the whole process all together. Also the decision or the judgment does not deal with the merits, it deals with the procedure or the procedural aspects of the way in which the JSC was constituted."

Zille earlier said she is waiting for an invitation to attend a new inquiry into misconduct charges against Hlophe.