High Court dismisses Hlophe’s gross misconduct challenge, paving the way for impeachment
This article has been supplied.
The Gauteng High Court in Johannesburg has dismissed Western Cape Judge President John Hlophe's multiple challenges to gross misconduct findings against him and a Judicial Service Commission (JSC) process that could lead to his impeachment.
Hlophe had been found guilty of impeachable gross misconduct for trying to sway Constitutional Court Justices Bess Nkabinde and Chris Jafta to rule in favour of then African National Congress president Jacob Zuma in his crucial 2008 bid to invalidate Scorpions search and seizure warrants. Those warrants led authorities to seize 93 000 pages of evidence that was later used in Zuma's ongoing corruption prosecution.
On Thursday, a full Bench of the High Court rejected Hlophe's argument that, rather than voting on whether he should be impeached, the National Assembly should conduct its own investigation into the allegations of misconduct.
It said this argument was legally unsound, as it was the Judicial Service Commission that was legally empowered to investigate the conduct of judges accused of wrongdoing - not Parliament.
Among other things, the full Bench also rejected Hlophe's argument that he was unaware that it was improper for judges who were not involved in a particular case to express a view on that case, when not invited to so, to the judges dealing with it.
Hlophe has consistently maintained that his discussions with Jafta and Nkabinde were innocent academic discussions, despite evidence that he stated that there was "no case" against Zuma and that he was being "persecuted", just as Hlophe had been persecuted.
The full Bench also rejected Hlophe's argument that certain members of the JSC, including Western Cape Premier Alan Winde, Gauteng Judge President Dunstan Mlambo and Justice Sisi Khampepe, were conflicted and should not have been allowed to vote on the gross misconduct findings made against him.
It found that these challenges were "unsustainable".
Article Enquiry
Email Article
Save Article
Feedback
To advertise email advertising@creamermedia.co.za or click here
Research Reports
Projects
Latest Multimedia
Latest News
Showroom
M and J Mining are leading suppliers of physical support systems as used by the underground mining industry. Our selection of products are not...
VISIT SHOWROOM
Astore Keymak is one of South Africa’s leading suppliers of high-quality Thermoplastic Pipeline Systems, with branches in the major provinces.
VISIT SHOWROOM
Press Office
Announcements
What's On
Subscribe to improve your user experience...
Option 1 (equivalent of R125 a month):
Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format
Option 2 (equivalent of R375 a month):
All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors
including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.
Already a subscriber?
Forgotten your password?
Receive weekly copy of Creamer Media's Engineering News & Mining Weekly magazine (print copy for those in South Africa and e-magazine for those outside of South Africa)
➕
Recieve daily email newsletters
➕
Access to full search results
➕
Access archive of magazine back copies
➕
Access to Projects in Progress
➕
Access to ONE Research Report of your choice in PDF format
RESEARCH CHANNEL AFRICA
R4500 (equivalent of R375 a month)
SUBSCRIBEAll benefits from Option 1
➕
Access to Creamer Media's Research Channel Africa for ALL Research Reports on various industrial and mining sectors, in PDF format, including on:
Electricity
➕
Water
➕
Energy Transition
➕
Hydrogen
➕
Roads, Rail and Ports
➕
Coal
➕
Gold
➕
Platinum
➕
Battery Metals
➕
etc.
Receive all benefits from Option 1 or Option 2 delivered to numerous people at your company
➕
Multiple User names and Passwords for simultaneous log-ins
➕
Intranet integration access to all in your organisation
