THE Western Cape judge president John Hlophe has urgently gone to court for an interdict to stay parliament’s impending impeachment process against him and the process for his suspension by President Cyril Ramaphosa.
The Judicial Service Commission in August decided by a majority that Hlophe was guilty of gross misconduct for a 2008 complaint by all the then justices of the Constitutional Court.
The apex court justices complained that he had sought to influence the outcome of cases, then pending before their court, related to corruption charges against former president Jacob Zuma.
The JSC’s decision was then sent to parliament, which must still, in terms of the constitution, decide whether to impeach.
Speaker Nosiviwe Mapisa-Nqakula had received a report from the JSC after it found Hlophe guilty of gross misconduct.
This related to the finding that he had tried to influence justices Bess Nkabinde and Chris Jafta in the arms deal case of former president Jacob Zuma.
Hlophe is also expected to ask the Johannesburg high court — in Part B of his application – to declare that the August 25 meeting at which his guilt was decided was unlawful because the JSC was not properly constituted.
This was, he argues, because neither the chief justice nor deputy chief justice were there, as required by the constitution.
The reason for their actions was that his removal was justified by the complaint against him, said Hlophe.
The JSC is scheduled to meet on 20 September to decide whether it will recommend to Ramaphosa that Hlophe be suspended.
