South Africa: Why Is the Judicial Service Commission Not Suspending John Hlophe?

analysis

The finding by a Judicial Conduct Tribunal that Judge President John Hlophe is guilty of gross misconduct because he attempted to influence the Constitutional Court to rule in favour of former president Jacob Zuma in a pivotal case, is not likely to lead to a quick resolution of the matter. This sharply raises the issue of his suspension, and why the Judicial Service Commission is wrongly claiming it can only recommend that President Cyril Ramaphosa suspend Hlophe once it has endorsed the tribunal's report.

Last week Judge President John Hlophe's controversial lawyer, Barnabas Xulu, told eTV that Hlophe planned to take the Judicial Conduct Tribunal (JCT) report that found him guilty of gross misconduct on review to the high court. If the review proceeds, it will halt the Judicial Service Commission (JSC) process in its tracks. It could then take months or even years before the JSC finally decides whether to endorse the JCT finding or not.

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