Pending new challenge to impeachment, Hlophe asks court to hold off on AfriForum's JSC challenge
The Constitutional Court previously dismissed a challenge Hlophe had brought against his removal from office; and in his papers in response to the case AfriForum’s now brought against him, he said he now intends on re-filing that challenge.
FILE: Former Western Cape Judge President John Hlophe. Picture: judgesmatter.co.za
CAPE TOWN - Former Western Cape Judge President John Hlophe has asked the Constitutional Court to put AfriForum’s challenge to his appointment to the Judicial Service Committee (JSC) on ice, pending a new challenge to his impeachment.
Earlier this year, Hlophe became one of the first judges in post-democratic South Africa to be removed from office after being found guilty of gross misconduct for improperly attempting to influence two Constitutional Court justices in a case involving former president Jacob Zuma.
He’s since joined uMkhonto weSizwe (MK) Party and been appointed a Member of Parliament (MP), though, and has now been deployed to serve on the JSC in his new capacity.
A number of civil society groups are challenging his deployment, including AfriForum, which has approached the apex court.
The Constitutional Court previously dismissed a challenge Hlophe had brought against his removal from office, essentially finding he should have approached the High Court instead.
And in his papers, in response to the case AfriForum’s now brought against him, he said he now intends on re-filing that challenge.
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In the meantime, he’s asked the Constitutional Court to stay these proceedings or, alternatively, to reconsider its previous order and reinstate his case on its own role.
Moreover, though, he argues there’s no constitutional basis for the order AfriForum wants, accuses the lobby group of “seeking a constitutional amendment by stealth” and asking the court to commit “judicial overreach” and says it would be “absurd” to require that MPs deployed to the JSC had not been impeached.
He also insists that he plans to use his political position “to support rather than undermine judicial independence”.
Hlophe maintains he did nothing wrong and says while he has no desire to return to the bench, he wants to “free” other judges from, as he says, “fearing unjustified retribution and the terror of political and non-governmental organisations because of private comments that they make to each other on pending matters”.