Judicial watchdog group, Judges Matter, has outlined processes to be followed after judgment was reserved in the matter between Western Cape Judge President John Hlophe and the Judicial Service Commission (JSC).
Hlophe is challenging the JSC’s recommendation that he be impeached in Parliament.
The Judicial Conduct Tribunal has found Hlophe guilty of gross judicial misconduct following a 2008 complaint, by justices at the Constitutional Court, that he had sought to improperly influence the outcome of the corruption case against former President Jacob Zuma.
Research and Advocacy Officer at Judges Matter, Mbekezeli Benjamin says, “They are trying to move this case along as quickly as possible. So you might find that the appeal might be finished as quickly as possible and parliament might have to deal with this matter head-on. So, after the court processes are done, it will go to parliament and they will have to vote. They can either uphold the JSC decision that he must be removed or they can say that he shouldn’t be removed. So that is the option that parliament is facing right now.”
High court
Last year, Hlophe has approached the High Court in Johannesburg to try and review and set aside the decision of the JSC.
In court papers, Hlophe is also seeking to interdict National Assembly Speaker and President Cyril Ramaphosa.
The Constitution gives the President powers to suspend a judge who is the subject of impeachment by Parliament.
Parliament’s Justice Committee is now processing the JSC’s recommendations. It was told by Parliament’s legal advisors last week that there was no need to develop rules for the removal of a judge as that would amount to a parallel enquiry.
Discussion on Judge President John Hlophe guilty verdict: Paul Hoffman:
