Western Cape Judge President John Hlophe has filed an urgent application in the High Court in Johannesburg to halt his possible suspension by President Cyril Ramaphosa.
This follows a decision by the Judicial Service Commission (JSC) last month to advise Ramaphosa to suspend Hlophe pending the outcome of his possible impeachment by parliament.
Hlophe was found guilty by the JSC of trying to influence judges of the Constitutional Court to violate their oath of office and find in favour of former ANC president Jacob Zuma in 2008.
In his review application, Hlophe argues that the JSC might not have been legally constituted when it decided to recommend his suspension.
Hlope says the High Court has granted him leave to appeal in the Supreme Court of Appeal its ruling upholding the JSC’s finding of gross misconduct against him.
He has cited as respondents, the JSC, the president, the Speaker of the National Assembly, including six retired judges of the Constitutional Court and Freedom Under Law.