JUSTICE and Constitutional Development Minister Jeff Radebe has not yet authorised Cape Judge President John Hlophe's return to work.
This despite the fact that the Judicial Service Commission decided last week to drop a complaint of gross misconduct against him.
The JSC found there was no prima facie evidence that Hlophe had sought to influence Constitutional Court judges Bess Nkabinde and Chris Jafta on pending judgments against Jacob Zuma, before he became president.
Hlophe had been on special leave since May 2008 following complaints that he had tried to improperly influence them to rule in favour of the ANC president.
But Hlophe was cleared of the charges last Friday and his attorney, Barnabas Xulu, says the judge president is now waiting for Radebe to give him the go-ahead to return to work.
"He has not been informed by the Department of Justice that he should return to work.
"They stopped him when he tried to go back before. They must say this thing is finally over. This time they should make contact with him," Xulu added.
Radebe's spokesman, Tlali Tlali, said he did not know why a letter had not been sent.
"I'm still waiting for information," Tlali said.
Enver Surty, the previous justice minister, prevented Hlophe from returning to work in February, but last week Radebe, the new minister who also sits on the JSC, voted in favour of dropping the complaint against Hlophe.
Xulu said Hlophe was looking forward to getting back to work.
"Under the circumstances, he has been looking forward to this since March this year," Xulu said.