Western Cape Judge President John Hlophe. Photo: AFP
Judicial Service Commission: Ramaphosa must SUSPEND Hlophe
Western Cape Judge President John Hlophe was found guilty of misconduct by the Judicial Conduct Tribunal last year
Western Cape Judge President John Hlophe. Photo: AFP
The Judicial Service Commission (JSC) has recommended that President Cyril Ramaphosa suspend Western Cape Judge President John Hlophe, pending a vote by the National Assembly on whether he should be impeached.
It comes not long after the Supreme Court of Appeal granted Hlophe the right to appeal a High Court ruling that endorsed the legality of the JSC investigation and vote, which paved the way for his impeachment. Hlophe was found guilty of misconduct by the Judicial Conduct Tribunal last year.
Here’s a recap: Justices Bess Nkabinde and Chris Jafta, had accused Hlophe of trying to persuade them into ruling in favour of former president Jacob Zuma in 2008. This was in relation to Zuma’s arms deal case with French weapons manufacturer Thales, which is still before the courts.
Hlophe is said to have visited them separately in their chambers to discuss pending judgments in the corruption matter, which is in breach of Section 165 of the Constitution.
When the Tribunal ruled against Hlophe in April 2021, it said his conduct seriously threatened and interfered with the independence, impartiality, dignity and effectiveness of the Constitutional Court and public confidence in the judicial system. The matter went to the JSC, which ruled that Hlophe must face impeachment.
FREEDOM UNDER LAW: JUDGE HLOPHE MUST BE SUSPENDED
Freedom Under Law (FUL) recently made submissions to the JSC on why it believes Judge John Hlophe should be suspended.
The organisation, which has long advocated for Hlophe’s impeachment, recently joined as a party to the review proceedings at the SCA.
“In principle it is unthinkable that a person convicted of attempting to pervert the course of justice can continue to head one of the country’s busiest courts. As Judge President he allocates cases to judges, nominates acting judges and has great influence in permanent appointments. He is the nerve centre of the Division,” FUL said.
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