Parly says Hlophe's ConCourt challenge of his impeachment in questionable
This is in its answering affidavit, which was filed on Thursday.
FILE: Western Cape Judge President John Hlophe. Picture: judgesmatter.co.za
JOHANNESBURG - With a resolution now having been taken to impeach Western Cape Judge President John Hlophe, Parliament said his Constitutional Court challenge to the process that was followed is now moot.
This is contained in its answering affidavit, which was filed on Thursday.
Hlophe maintains Parliament should have conducted its investigations - like it did when it resolved to impeach former Public Protector Busisiwe Mkhwebane - instead of relying on those conducted by the Judicial Service Commission, before heading to a vote.
READ: John Hlophe to become first SA judge to be impeached
But with the vote now done and dusted Parliament said the matter’s become academic.
In the papers, the secretary to the National Assembly, Masibulele Xaso, highlights that on Wednesday this week, the vote took place and that the requisite two-thirds majority was secured for Hlophe’s removal from office.
As a result, he says the matter’s now moot and that Hlophe’s case should be dismissed on this ground alone.
He goes on, though, to also highlight that in previous litigation on the matter the courts have held that “there is no scope for the National Assembly to enquire into whether the judge referred to it has committed gross misconduct”, and that this is the task of the Judicial Service Commission.
Further, he says “it is not readily apparent what purpose would be served by having the same question twice”, and that it would lead to “an overly protracted and costly exercise” with this matter already having taken 16 years.
He adds: “If even half that time is spent to re-run another process, that would take the total time of 24 years.”