Western Cape High Court Judge President John Hlophe says four members of the Judicial Services Commission were automatically disqualified from participating in the JCS process last month.
This is contained in his urgent review court application against the decision to impeach him.
He also wants to interdict National Assembly Speaker Nosiviwe Mapisa-qakula to stop the impeachment process by the National Assembly and President Cyril Ramaphosa from suspending him.
Hlophe has approached the High Court in Johannesburg to set the JSC decision aside.
In his court papers Hlophe argues that the four JSC members, Western Cape Premier Allan Winde, Justice Sisi Khampepe, Gauteng Judge President Dunstan Mlambo and Supreme Court of Appeal Justice Henry Mbha were automatically disqualified from participating at the JCS’s meeting of August 25, which endorsed the finding of the Judicial Conduct Tribunal that he should be impeached.
He says there was conflict of interest or reasonable apprehension of bias.
Hlophe was found guilty of gross misconduct by the Judicial Conduct Tribunal earlier this year for trying to influence two Constitutional Court Justices Chris Jafta and Bess Nkabinde in a matter involving then ANC president of the ANC Jacob Zuma 2008.
Impeachment
Last month, Parliament said the impeachment recommendation relating to Hlophe as well as the debate on expropriation without compensation will only be considered in Parliament after the local government elections.
This is because Parliament will rise at the end of this week until after the election.
A special Programme Committee has resolved that the Hlophe impeachment recommendation and land expropriation matters need time for consideration.
VIDEO: SABC’s Bulelani Phillip reports on the story:
