 Six years later, however, when the misconduct enquiry against Hlophe was pending, Jafta and Nkabinde brought a court challenge to the tribunal's jurisdiction, saying their own complaint was not legally valid.Commentators slammed Jafta and Nkabinde's "cowardice", which had brought the Constitutional Court into disrepute.The judges claimed, in response, that they were simply upholding the Constitution.