CAPE TOWN - Parliament is expected to file its answering affidavit soon in response to Western Cape Judge President John Hlophe’s application to urgently stop the National Assembly from going ahead with the impeachment process against him.
Hlophe’s recently-filed notice of motion also wants to stop President Cyril Ramaphosa from suspending him, following the Judicial Service Commission (JSC) Tribunal process that found him guilty of gross misconduct last month.
Parliamentary spokesperson Moloto Mothapo on Thursday said the affidavit will present their argument.
“Parliament will soon file its answering affidavit where its position will be stated,” he said.
The tribunal’s report stated that Judge Hlophe breached sections of the Constitution when he tried to influence two justices of the Constitutional Court to rule in favour of then-ANC President Jacob Zuma in 2008.
“In line with the principles of natural justice, the JSC has invited the parties to show cause why it should or should not advise the president to suspend Judge President Hlophe pending the finalisation of the matter by the National Assembly,” the statement read.
In his latest application, Hlophe seeks to have the Tribunal findings overturned, and in the interim, wants Parliament to be stopped from acting on them.
He also wants the Gauteng High Court in Johannesburg to rule that the JSC – whose majority voted that he should be impeached - "failed to perform its constitutional obligations", arguing that the JSC was not legally constituted when it made its findings in the first place.
The JSC is scheduled to meet on 20 September to decide whether it will recommend to Ramaphosa that Hlophe be suspended.
Hlophe’s lawyer Barnabas Xulu did not respond to questions on Thursday.
Attempts to get comments from the JSC were unsuccessful.
Cape Times