By Lehlohonolo Lehana.
The Judicial Service Commission (JSC), in a majority ruling, found that Western Cape Judge President John Hlophe seriously threatened and interfered with the independence, impartiality, dignity, and effectiveness of the Constitutional Court.
The commission ruled that Hlophe improperly attempted to influence justices Bess Nkabinde and Chris Jafta of the Constitutional Court to violate their oaths of office.
His conduct seriously threatened and interfered with the independence, impartiality, dignity, and effectiveness of the Constitutional Court, the JSC found.
His conduct threatened public confidence in the judicial system.
In a majority judgment, the JSC concluded that Hlophe is guilty of gross misconduct.
The two complainants – Nkabinde and Jafta – together with Hlophe, were called as witnesses during their hearing, before submitting written representations.
Section 177 (1)(a) of the Constitution provides that a judge may be removed from office if the JSC finds that the judge is guilty of gross misconduct.
In 2008, Hlophe discussed former president Jacob Zuma and his co-accused Thint separately with Jafta and Nkabinde in their chambers in the Constitutional Court.
In a statement, the JSC said the matter will be referred to the National Assembly for its decision.
In line with the principles of natural justice, the JSC has invited the parties to show cause why it should or should not advise President Cyril Ramaphosa to suspend Judge Hlophe pending the finalisation of the matter by the National Assembly (NA).
While the fate of Judge Hlophe lies in the hands of the NA, law expert advocate Paul Hoffman suggests that the impeachment process will not be successful.
Hoffman said he is satisfied that the majority finding is correct, but he is also sure that Judge Hlophe will take the majority findings on review in a high court.
The DA’s Glynnis Breytenbach welcomes the decision by the JSC to uphold the recommendation that Judge Hlophe face an impeachment vote. She said the JSC’s decision is a victory for the rule of law and the importance of judicial independence.
The JSC has given Judge Hlophe and the Constitutional Court until September 3 to make submissions.