The President of Western Cape Judge John Hlophe has urgently requested an interdict to suspend the impeachment proceedings of Parliament against him and the proceedings for his suspension by President Cyril Ramaphosa.
The Judicial Service Commission has im August decided by a majority that Hlophe was guilty of gross misconduct in 2008 because of a complaint made by all then judges of the Constitutional Court. The ConCourt judges complained that he tried to influence the outcome of cases pending in their court at the time relating to corruption allegations against former President Jacob Zuma.
The JSC’s decision was made then passed on to parliament, which has to wait, in accordance with the constitution, to decide on an impeachment.
Hlophe will also ask the Johannesburg Supreme Court – in Part B of his motion – to suspend the session on April 25th. August, in which his guilt was decided, to be declared unlawful because the JSC was not properly constituted. This, he argues, was due to the fact that neither the Chief Justice nor the Deputy Chief Justice were present, as the constitution requires.
Constitutional Judge Sisi Khampepe “was neither the Chief Justice nor a Deputy Chief Justice taking the JSC August 25 ruling, “he said.
Additionally, Hlophe said, neither the president nor the vice-president of the Supreme Court of Appeals was present and a lawyer who was serving as a lawyer in relation to him should represent the constitution absent.
The judge-president also asked the court for an explanation that Khampepe, the judge of the Supreme Court of Appeal Boissie Mbha, the judge-judge of Gauteng Dunstan Mlambo and the prime minister of Western Cape, Alan Winde, “ automatically “disqualified” from attending the JSC meeting.
He said that these people “suffer from various degrees of conflict or are people I am one against.” I have well-founded concern about bias ”. the decisions in some of these in many court cases over the 2008 complaint, he said.
Hlophe added that Mlambo had “participated and actively participated” in his removal from the JSC as the judge’s representative.
“Traditionally it was always that the highest ranking judge president represented the heads of the court … I was the highest ranking judge president who succeeded judge president Ngoepe. My removal from the JSC was planned and instigated by Judge President Mlambo and other judges, “he said.
The reason for their actions was that his removal was justified by the complaint against him, said Hlophe. < / p> p>
Winde, said Hlophe, “has assumed an inexplicable hostility towards me”. He said he could only explain this by saying that Winde was a “loyal and dedicated” member of the prosecution.
Hlophe also petitioned the Johannesburg Supreme Court to overturn the judgment of the judicial conduct tribunal Majority of the JSC based their decision. He has also asked the court to overturn the majority decision as it violates his right to equality before the law “and the right to be judged by an impartial court”.