- Western Cape Judge President John Hlophe has been granted depart to enchantment the dismissal of his problem to the Judicial Services Commission course of that led to him being discovered responsible of impeachable gross misconduct.
- Hlophe’s software was dominated to be sound because it consciously references Section 17 of the Superior Courts Act, which supplies for the granting of an enchantment the place there are compelling causes for it to be heard.
- This after a full bench rejected his argument that, slightly than voting on whether or not he ought to be impeached, the matter ought to be referred to the National Assembly to re-hear the allegations as a part of its personal investigation.
Western Cape Judge President John Hlophe has been given the suitable to problem a ruling that paved the way in which for his potential impeachment.
While discovering that Hlophe’s depart to enchantment software lacked benefit, a full bench of the Gauteng High Court in Johannesburg, nonetheless, granted it saying it “raised matters of significant public importance” – due largely to the truth that Hlophe might turn into the primary choose in South African historical past to be impeached.
According to Wednesday’s ruling, Hlophe’s software was sound because it consciously referenced Section 17 of the Superior Courts Act, which offered for the granting of an enchantment the place compelling causes exist for it to be heard.
Hlophe made the appliance after the excessive courtroom dismissed his problem to gross misconduct findings in opposition to him and a Judicial Service Commission (JSC) course of that might result in his impeachment.
Last month, a full bench rejected his argument that, slightly than voting on whether or not he ought to be impeached, the matter ought to be referred to the National Assembly to re-hear the allegations as a part of its personal investigation.
Acting Judge President Aubrey Ledwaba, Deputy Judge President Roland Sutherland and Judge Margaret Victor this week discovered that the arguments offered by Hlophe have been recycled and the contentions have been “no more persuasive by being repeated”.
“Notwithstanding the view that we take of the lack of merits in the application, it is plain that the case has raised matters of significant public importance. The controversy embraces both the obvious and several nuanced issues of critical significance to the administration of justice,” the judges discovered.
“These include the integrity of the judiciary as a whole and the norms by which it falls to be held accountable and the proper functioning of the Judicial Service Commission.”
The matter has implications for the parliamentary course of and the elements of the case went past the “personal predicaments”, deserves or demerits of his case, the judges dominated.
“The disciplining of a Judge of the High Court for impugning a court’s integrity is unprecedented. The removal of a Judge of the High Court by the National Assembly upon a finding of gross misconduct by the JSC is unprecedented.
“Moreover, though the equipment of the disciplinary strategy of the JSC has been beforehand the topic of judicial scrutiny, the peculiar problems with regulation raised on this case concerning the composition of the Judicial Services Council and the impact thereof on the validity of its choices… haven’t beforehand been examined by a courtroom.”
The case, the judges found, raised “discrete problems with public significance that can affect future issues”.
Last year, Hlophe was found guilty of impeachable gross misconduct for trying to sway Constitutional Court Justices Bess Nkabinde and Chris Jafta to rule in favour of former president Jacob Zuma relating to the validity of searches during the arms deal investigation.
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