Judge Hlophe’s lawyers to appeal judgment on JSC finding

WESTERN Cape Judge President John Hlophe’s lawyers have confirmed that they have been instructed to appeal the latest judgment dismissing his application for a review of the Judicial Service Commission’s (JSC) finding that he was guilty of gross misconduct.

The judgment by the Gauteng High Court now clears the way for an impeachment process against Judge Hlophe. But Judge Hlophe’s lawyer, Barnabas Xulu, confirmed that they would seek leave to appeal the judgment.

“As this case is important for the public’s confidence in the judiciary and the rule of law, we have accordingly received instructions to take the matter on appeal.”

The judge brought an application in the Gauteng High Court in which he sought to set aside the decision of the JSC taken on August 25, 2021, which found him guilty of gross misconduct.

This decision follows allegations levelled against Judge Hlophe that he tried to influence the outcome of a pending Constitutional Court matter involving Jacob Zuma in 2008.

Judge Hlophe’s team argued in court that the composition of the JSC at the time the decision was taken was improper, questioning the sitting of certain members of the judiciary. It was further argued that the involvement of Premier Alan Winde in the meeting characterised a conflict of interest. These arguments were however found to be unsustainable by the court.

It was also argued that the decision lacked impartiality, that the JSC acted beyond its powers, that it followed an unfair process and failed to follow constitutional norms and standards.

Judge Hlophe further sought, that irrespective of the outcome of the application, the court should order the National Assembly to convene a proper formal inquiry into his removal as a judge. However, the high court found there were no grounds to warrant a review of the decision of the JSC and that the application must be dismissed.

The court further found there was no provision for the re-hearing of the complaint by the National Assembly.

The judgment stated: “It is not the responsibility of the JSC to decide whether JP Hlophe should be removed from office, that role belongs to the National Assembly.

“The National Assembly does not revisit the JSC’s finding of gross misconduct; that is a given.”

Last year, the JSC referred the matter to Parliament, which indicated Judge Hlophe may be subjected to a motion for his impeachment process.