Western Cape Judge President, John Hlophe, is expected to file an application for leave to appeal the High Court of Johannesburg’s decision dismissing his application to review and set aside the Judicial Service Commission’s decision to impeach him by parliament.
Western Cape High Court Judge President John Hlophe’s application to review and set aside
the decision of the Judicial Service Commission (JSC) for his impeachment by parliament has been dismissed
by the South Gauteng High Court. https://t.co/DmDJhepkrv— SABC News (@SABCNews) May 5, 2022
The JSC resolved in August last year – by a majority of eight members against four, to endorse the decision of the Judicial Conduct Tribunal that Hlophe should face impeachment by parliament for committing gross misconduct.
This follows a complaint by judges of the Constitutional Court that Hlophe had attempted to influence Justices Chris Jafta and Bess Nkabinde in 2008, in a matter involving former president Jacob Zuma before he took office.
Hlophe says his case is important for the public’s confidence in the judiciary and the rule of law. His lawyers argue that the judgment does not reflect the established jurisprudence on the constitutional and legal issues raised by the parties.
However, a legal expert, Modidima Manya says Hlophe’s impeachment is unavoidable.
“The implication is that the National Assembly is well within its right to proceed with the impeachment process. This is unless Judge president Hlophe were to file an appeal supported by an interdict against the National Assembly proceeding or reach an agreement with the National Assembly not to proceed until the appeal is finalised.
“However, judging by the reasoning of the court and the extensive reasoning provided by the court, it seems any appeal or any process that puts on hold the impeachment process will simply be a delay of the inevitable impeachment,” adds Manya.
