THE suspension of Western Cape High Court President John Hlophe has raised questions around the timing of the suspension as President Cyril Ramaphosa heads into a crucial re-election bid just days after surviving a possible impeachment.
On Wednesday the Presidency announced that Ramaphosa had decided to suspend Hlophe based on the recommendation of the Judicial Service Commission (JSC) pending Parliament’s vote on whether to remove him from office.
The recommendation follows a complaint lodged by 11 Justices of the Constitutional Court against Hlophe in May 2008. The allegations were that Hlophe had attempted to influence the outcome of certain cases pending before the Constitutional Court in favour of former president Jacob Zuma.
Ramaphosa’s spokesperson, Vincent Ngwenya, said the president received the JSC report in July.
“In order to ensure continuity and stability in the work of the divisional high court, the suspension, which is in effect immediately, is on the condition that Judge President Hlophe completes all part-heard matters and reserved judgments,” Magwenya said.
He said Ramaphosa had to strike a balance between Hlophe’s rights, those of the public, and the interests of the judiciary.
“Due to the long history and complexity of the matter, President Ramaphosa took time to carefully consider all the permutations of the JSC recommendations, including obtaining guidance from an independent legal opinion,” Magwenya said.
Political analyst Professor Zweli Ndevu said the timing of the suspension was concerning.
“I am thinking that it will have no material effects on the conference unless there (are) matters sitting before that court, however Hlophe is known to be very sympathetic to Zuma’s REC (faction).
“This could be a calculated strategy to ensure that they don’t run to the Western Cape (high court) to get relief when things don’t go their way.
“The timing of the suspension is very worrisome, could the president not have waited for the conference to pass first? This could work in his favour or badly backfire.”
On Wednesday Minister of Justice and Correctional Services, Ronald Lamola, in a letter to Hlophe announced that deputy president of the Western Cape High Court, Judge Patricia Goliath would step in as acting judge president for the duration of Hlophe’s suspension.
Weekend Argus