Hlophe's bid to halt impeachment vote against him tantamount to ignoring separation of powers - Parliament

CAPE TOWN - Parliament said that Western Cape High Court Judge President John Hlophe's last ditch attempt to stop an impeachment vote against him was tantamount to ignoring the separation of powers. 
 
It said that he was trying to conflate a process in which the National Assembly could override the Judicial Service Commission (JSC)'s recommendation that he be removed from the bench. 
 
On Wednesday, the National Assembly will for the first time be considering the removal of two high court judges. 
 
But Hlophe hopes the Western Cape High Court will put a stop to the vote, pending a Constitutional Court review of Parliament’s procedures. 
 
In response to papers filed by Hlophe last week, Parliament said that it had neither a constitutional mandate nor the statutory power to duplicate the work of the JSC. 
 
It said the JSC had the necessary legal expertise and Was the correct body to decide whether a judge should face impeachment. 
 
The commission found Hlophe guilty of gross misconduct in 2021, for allegedly trying to influence two Constitutional Court judges in 2008, in a case involving former President Jacob Zuma. 
 
Hlophe contends Parliament has not adopted appropriate rules to deal with this impeachment matter and that removing him would be unconstitutional and a conflict of the separation of powers. 
 
But Parliament said this was not so and the general rules and practices of the National Assembly were sufficient to consider the recommendation to remove him and retired Gauteng High Court judge, Nkola Motata. 
 
The JSC found Motata guilty of misconduct in 2018, for a dishonest defence he put up in response to a drunk driving and racist incident in 2007.
 
Sixty-five-year-old Hlophe is the longest-serving judge president of a high court division in South Africa, having been in the position for 23 years when he was suspended last year.