Hlophe wants court to give clarity on gross misconduct in his impeachment matter

He is challenging the JSC’s adoption of the findings of the Judicial Tribunal, which said that by approaching two Constitutional Court judges over former President Jacob Zuma and arms manufacturer Thint’s case was not in line with the judicial code of conduct.

FILE: Western Cape Judge President John Hlophe. Picture: GCIS

JOHANNESBURG - Western Cape Judge President John Hlophe on Wednesday said that he wanted the High Court to outline the correct constitutional standard for gross misconduct as he stated that the Judicial Service Commission (JSC)’s decision to refer him for impeachment was wrong in law.

Hlophe filed a notice of motion and affidavit this week.

He is challenging the JSC’s adoption of the findings of the Judicial Tribunal, which said that by approaching two Constitutional Court judges over former President Jacob Zuma and arms manufacturer Thint’s case was not in line with the judicial code of conduct.

Hlophe said that not only was the meeting of the JSC, which discussed and concluded his matter, unlawfully constituted but the body did not consider his evidence when it, according to him, “rubber-stamped” the Judicial Tribunal findings against him.

Hlophe stated that arguments, which he submitted during his hearing at the JSC, cast doubt once more on Justice Chris Jafta and Bess Nkabinde’s willingness to lay the complaint which gave rise to the proceedings against him.

Jafta and Nkabinde said that Hlophe had approached them on two separate occasions to try and influence them on the Zuma/Thint matter, which was before the apex court at the time.

Hlophe said that the JSC, in considering his matter, failed to take into account his submissions about the tribunal’s report in which he claimed that he demonstrated that the report did not properly consider the evidence on record and applied the wrong test and standard to determine gross misconduct.

He said that it also failed to apply the law and Constitution.

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