Court set to rule on Hlophe's bid to halt Parly's impeachment vote against him on Wednesday morning
The Western Cape High Court is expected to rule on Wednesday morning on whether Parliament should hold off on today’s impeachment vote against the judge president of the court, John Hlophe.
FILE: Western Cape Judge President John Hlophe. Picture: GCIS
CAPE TOWN - The Western Cape High Court is expected to rule on Wednesday morning on whether Parliament should hold off on today’s impeachment vote against the judge president of the court, John Hlophe.
Hlophe approached the court on an urgent basis on Tuesday, saying his was not a frivolous application and that if allowed to proceed, the parliamentary process would set an unfair precedent that would impact all judges, not only himself.
Hlophe was found guilty of gross misconduct by the Judicial Service Commission (JSC) in 2021 and Parliament said that 16 years since he allegedly tried to influence two Constitutional Court judges, it’s time to act.
With Parliament set to hold its very first impeachment vote against two high court judges on Wednesday, Hlophe said his legal action was aimed at preventing a potentially damaging removal.
He said the threat of being removed, after over 20 years on the bench, was as serious as the removal itself.
A super majority of two-thirds of members will have to agree to the recommendation for the impeachment to succeed.
Hlophe’s lawyer, Advocate Thabani Masuku, has told Gauteng judge, Sulet Potterill, that his constitutional challenge of Parliament’s process was more than just about vindicating Hlophe.
He said that Wednesday’s proceedings posed a threat to all judges and their tenure.
Meanwhile, Parliament said that Hlophe should rather approach the court once the process had been fully concluded.
In a separate vote, Parliament is on Wednesday also due to consider the impeachment of retired Gauteng judge, Nkola Motata, in connection with a drunk driving incident in 2007.