Cape Town - Western Cape Judge President John Hlophe’s lawyers have confirmed that they’ve been instructed to appeal the latest judgment dismissing his application for a review of the Judicial Service Commission’s (JSC) finding that he was guilty of gross misconduct, opening the floodgates to his impeachment process.
Hlophe’s lawyer, Barnabas Xulu, said: “As this case is important for the public’s confidence in the judiciary and the rule of law, we have accordingly received instructions to take the matter on appeal.”
Hlophe brought an application at the Gauteng High Court which sought to set aside the decision of the JSC taken on August 25, 2021, which had found him guilty of gross misconduct.
This decision followed allegations levelled against Hlophe claiming that he tried to influence the outcome of a pending Constitutional Court matter involving Jacob Zuma in 2008.
The judgment stated: “The gravamen of the controversy that arose from those conversations was that JP Hlophe brought up the Zuma cases and expressed views about the issues that arose, allegedly suggesting an outcome favourable to Mr Zuma.”
Hlophe’s team argued in court that the composition of the JSC at the time the decision was taken was improper, questioning the sitting of certain members of the judiciary. It was further argued that the involvement of Premier Alan Winde in the meeting characterised a conflict of interest. These arguments were however found to be unsustainable by the court.
It was also argued that the decision lacked impartiality, that the JSC acted beyond its powers, that it followed an unfair process and failed to follow constitutional norms and standards. In this instance the court found that Hlophe’s position had no grounds for a review and therefore dismissed the application.
The Hlophe further sought, that irrespective of the outcome of the application, for the court to order the National Assembly to convene a proper formal inquiry into his removal as a judge. However, The court found that there was no provision for the re-hearing of the complaint by the National Assembly.
The judgment stated: “It is not the responsibility of the JSC to decide whether JP Hlophe should be removed from office, that role belongs to the National Assembly. The National Assembly does not revisit the JSC’s finding of gross misconduct; that is a given.”
Last year, the JSC referred the matter to Parliament which indicated Hlophe may be subjected to a motion for his impeachment process.