By Lehlohonolo Lehana.
Parliament has slammed suspended Western Cape Judge President John Hlophe’s attempt to halt the pending impeachment vote against him.
Hlophe is looking to stop Parliament from holding an impeachment vote against him next Wednesday.
He filed an urgent interdict application in the Western Cape High Court to halt the parliamentary proceedings.
Hlophe is challenging the lack of parliamentary guidelines or rules for the impeachment of a judge in the Constitutional Court and wants next week’s National Assembly vote halted until the apex court has heard the matter.
Hlophe and former Gauteng High Court judge, Nkola Motata, are both facing permanent removal from the bench next week over separate incidents of gross misconduct over a decade ago.
The Judicial Service Commission found Hlophe guilty of gross misconduct in 2021 for allegedly attempting to influence Constitutional Court judges in 2008 in a case involving former president, Jacob Zuma, while Motata is facing impeachment for a drunk driving case in 2007.
Parliament has filed a reply affidavit in the Western Cape High Court, arguing, among others, that the current laws allow it to proceed with the matter involving the removal of the judges.
“Parliament believes that the JSC, being dominated by lawyers with the necessary expertise, is the correct body to make the necessary finding in terms of section 177(1)(a) of the Constitution,” it said.
“This position was confirmed by the High Court in its 2022 judgment of Hlophe vs JSC and others, where Judge Hlophe called for the duplication of the investigation phase without success.”
At least 264 members will have to vote in favour of his removal for the impeachment to succeed.
In December 2022, President Cyril Ramaphosa suspended Hlophe after a recommendation by the JSC that this be done while he faced an impeachment inquiry.
Announcing the suspension, Ramaphosa said: “The JCT established that Hlophe’s behaviour seriously threatened and interfered with the independence, impartiality, dignity and effectiveness of the Constitutional Court and undermined public confidence in the judicial system.”
The JSC has now referred the matter to Parliament for the National Assembly to institute impeachment proceedings against Hlophe.
Freedom Under Law (FUL) senior researcher Chris Oxtoby said the court application was something many would have anticipated that Judge Hlophe would turn to the courts with at some stage in the process.