Western Cape Judge President John Hlophe
Western Cape Judge President John Hlophe

Judge Hlophe’s bid fails to have application review scrapped

By Mayibongwe Maqhina Time of article published Sep 23, 2021

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CAPE TOWN - Western Cape Judge President John Hlophe’s bid to have his colleagues in the Gauteng division not hear the review application for the Judicial Services Commission (JSC) decision was dismissed on Wednesday.

The first part of his application sought to stop President Cyril Ramaphosa from suspending him, and prevent Parliament from instituting the impeachment process.

Hlophe also wants, in his second application, to review and set aside the decision of the JSC on the grounds that the judicial body was not properly constituted when it took the decision.

Judge Hlophe earlier abandoned his application to interdict both his suspension from office and the institution of the impeachment process against him.

Judge Roland Sutherland noted that Judge Hlophe abandoned the relief in Part A of his application.

Judge Sutherland said Part B of the application would be removed from the roll to allow Judge Hlophe, JSC and FUL (Freedom Under Law) representatives to agree on a timetable for exchange of affidavits and heads of arguments.

The judge ordered that once an agreement has been reached, his office should be notified so that, “I shall fix the earliest convenient date and allocate a judge to hear the matter”.

The application by FUL to join the Part B of the application was postponed indefinitely, and would be addressed if it was either re-enrolled or argued at the same time as the main application.

No costs for Wednesday’s application were granted, but the costs incurred by FUL for the proceedings were reserved for determination at a later time.

Meanwhile, Speaker Nosiviwe Mapisa-Nqakula has welcomed the abandonment and withdrawal of the urgent application to interdict the National Assembly from going ahead with the impeachment process.

“The Speaker asserted that she will abide by the ruling of the Gauteng Division of the High Court on the matter,” spokesperson Moloto Mothapo said.

Cape Times

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