South Africa: High Court Paves Way for Hlophe Suspension and for Impeachment Process to Continue

analysis

Hlophe's legal representative, Thembalihle Sidaki, abandoned Part A of the Western Cape Judge President's application seeking to stave off suspension and the impeachment process.

There is no impediment to the Judicial Service Commission (JSC) now recommending to President Cyril Ramaphosa that Western Cape Judge President John Hlophe, found guilty by a Judicial Conduct Tribunal of gross misconduct, be suspended.

There is also no stopping the impeachment process set to kick off in the National Assembly.

This after Hlophe's legal representative, Thembalihle Sidaki, abandoned Part A of Hlophe's application in the Gauteng high court seeking to stave off suspension and the impeachment process.

This now clears the way for Hlophe's suspension. All that is left is for the JSC to write to the president recommending this.

In proceedings on 22 September, Deputy Judge President Roland Sutherland did not take kindly to comments, made by Hlophe in his over 500-page affidavit filed, that no judge in the Gauteng division should hear his matter as they were "not impartial enough".

So much so that Sidaki acknowledged to the court that the content of Hlophe's letter of attack was "unfortunate".

Hlophe filed the weighty motion on 13 September against the Judicial Service Commission (JSC),...

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