The Supreme Court of Appeal will hear arguments on Monday on the legality of the tribunal investigating misconduct charges against Western Cape Judge President, John Hlophe.
The case is brought by Constitutional Court Justices, Bess Nkabinde and Chris Jafta.
Nkabinde and Jafta had accused Hlophe of trying to influence them during an Arms Deal related case involving President Jacob Zuma in 2007.
While the Judicial Service Commission set up an inquiry in 2013, they refused to testify, challenging the legitimacy of the tribunal.
They maintain that they did not lay a formal complaint as required by the new Judicial Service Commission Act, looking into misconduct claims against judges.
Both are also challenging the appointment of a prosecutor as evidence leader in the matter. They lost their case in the High Court which also refused them leave to appeal.
The tribunal remains suspended until the matter is finalised.
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