JOHANNESBURG - Western Cape Judge President John Hlophe is fighting tooth and nail to hold onto his office.
His legal team this week filed an application for leave to appeal the Johannesburg High Court’s dismissal of his challenge to the Judicial Service Commission’s finding of gross misconduct against him.
The finding paved the way for a parliamentary vote on his potential impeachment, with gross misconduct one of three categories of complaints which, if established, can get a judge kicked off the bench. Earlier this month, the High Court dismissed an application Hlophe had launched to have the JSC’s findings reviewed and set aside.In the papers, Hlophe’s lawyers maintained the High Court failed to consider “that judges enjoy a constitutionally guaranteed right to speech” and that “extra-judicial remarks made by a judge should be judged against the constitutional standard of the Bill of Rights and in the context of the facts in terms of which the remarks are made”.
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