FORMER Constitutional Court judge Johann Kriegler will announce an intention to legally challenge the decision not to proceed with a misconduct probe into Cape judge president John Hlophe.

FORMER Constitutional Court judge Johann Kriegler will announce an intention to legally challenge the decision not to proceed with a misconduct probe into Cape judge president John Hlophe.

Kriegler is seeking a legal remedy on behalf of non-government body Freedom Under Law, of which he is chairman of the board of directors.

Launched in January, the organisation registered in South Africa and Switzerland is aimed at promoting democracy under the law "and to advance the understanding and respect of the rule of law and the principle of legality".

The Judicial Service Commission (JSC) last week announced its decision not to proceed with a probe into allegations that Hlophe tried to influence Constitutional Court judges Bess Nkabinde and Chris Jafta in President Jacob Zuma's former corruption case.

The Justice department yesterday said Hlophe would be returning to work on Monday after he was placed on special leave in May last year.

The JSC criticised Hlophe for raising pending judgments with the judges, but said it did not find evidence he tried to influence them.

Kriegler described Hlophe as a "manifestation of the problem" with the judiciary. - Sapa