Last year, the JSC found that Hlophe was guilty of gross misconduct over what it labelled an attempt to 'influence, improperly' then Constitutional Court justices, Chris Jafta and Bess Nkabinde, in 2008, in a lynchpin appeal involving former President Jacob Zuma’s arms deal prosecution.
The Judicial Services Commission said it deliberated on the matter at a meeting on Monday and resolved to recommend the president suspend Hlophe.
SCA President Mandisa Maya's nomination has been endorsed by the Judicial Service Commission.
The Judicial Service Commission's Narend Singh asked Maya about gender transformation in the judiciary and the most recent appointments at the country’s apex court.
Supreme Court of Appeal (SCA) Judge President Mandisa Maya is currently being interviewed by the commission for the position of deputy Chief Justice.
Maya is the only candidate that the president has nominated for the job and in terms of the Constitution, as head of the national executive, he has the final say on who gets it.
His legal team this week filed an application for leave to appeal the Johannesburg High Court’s dismissal of his challenge to the Judicial Service Commission’s (JSC’s) finding of gross misconduct against him.
John Perlman spoke to Barnabas Xulu, the legal representative for the judge, on this decision and on what grounds it is being appealed.
In August last year, the JSC found Hlophe guilty of impeachable gross misconduct for trying to sway two Constitutional Court justices back in 2008.
The High Court in Johannesburg rejected each of Hlophe's numerous contentions aimed at delaying his impeachment, concluding the JSC had correctly found him guilty.
President Cyril Ramaphosa officially nominated Maya for the position last month.
The Judicial Service Commission has dropped acting Judge David Unterhalter’s name from the list, naming only four candidates.
This is the third time that Judge David Unterhalter has been rejected in his bid for a permanent position at the apex court, despite being recognised as one of the country’s finest legal minds.
All five contenders for the posts were asked if they would recuse themselves if confronted with a matter they had previously decided on. Everyone, including Unterhalter, said they would do so.
Chief Justice Raymond Zondo is chairing the 23-member body which this week is interviewing a number of candidates for various judicial positions.
JSC commissioners are interviewing candidates for a total of 11 vacancies in the superior courts, including the apex court.
The interviews are for two vacancies in the Constitutional Court and a number of vacancies at various high court divisions
The post has officially been vacant since former Chief Justice Mogoeng Mogoeng’s term ended in October, but he took long leave in May last year, leaving the apex court without a permanent head.
