“He also informed deputy judge president Goliath that failure by any judge to report these allegations to the structures with the legal authority to address them would be a betrayal of what judgeship or the judiciary is all about,” Mogoeng's office said.
Mogoeng said he never had, nor had he legal authority to, personally deal with these issues outside the processes under the JSC Act.
“To suggest otherwise could either be actuated by nefarious reasons (for example, a long-standing desperation to find fault) or misapprehension of the law.
“So far, none of those who have asked the chief justice to intervene in the Western Cape high court could, when he pertinently asked them to, point to any provision in the constitution, Judicial Service Commission Act, any other act of parliament, any regulation or rule that empowers him to discipline a judge or cause him or her to be suspended as many have suggested.
“Yes, the chief justice has been aware of the allegations against judge president Hlophe since late 2019, but those allegations can only be resolved through the application of the law.”
The office of the chief justice said it was necessary to emphasise that he did not have the power to resolve the challenges at the Western Cape high court division and could not exercise power he does not have.