Western Cape Judge President John Hlophe has filed an urgent application with the high court in Johannesburg to stay his likely impeachment and review the recommendation of the Judicial Service Commission in this regard.
and review the recommendation of the Judicial Service Commission in this regard.
In court papers, he seeks to take advantage of the musical chairs that ensued at the head of the judiciary after outgoing Chief Justice Mogoeng Mogoeng took extended leave. Hlophe argues that legal precedent in his own matter means at that on 25 and 26 August, when JSC reached finality on the complaint against him, that body was not lawfully constituted.
Further, Judge Boissie Mbha of the supreme court of appeal lacked the standing to represent the head of the appellate court. Hlophe argues that his removal from office would be a “momentous” step, and that he would have no recourse should a two-thirds majority of MPs adopt a resolution in line with the recommendation of the JSC.
“This goes far beyond me and goes to the heart of the correct legal and ethical standard by which any judge in South Africa should be found guilty of gross misconduct.”Hlophe argues: “I should not be prejudiced by a suspension from judicial office in circumstances where I am able to demonstrate that the JSC’s findings were not only wrong on the law, but a complete disregard of the facts and evidence relevant to determining whether I am guilty of gross judicial misconduct.
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