May 28, 2022

Mawazo Writing Africa

Writing about the main

JSC won’t set aside gross misconduct findings against judge president Hlophe

Western Cape Judge President John Hlophe failed to prevent the Judicial Service Commission (JSC) from recommending the National Assembly to impeach him.

Hlophe was found guilty of gross misconduct found by the JSC in August 2021 over a 2008 complaint by all then-Constitutional Court judges who said he was trying to influence the outcome of cases pending in the highest court related to corruption allegations against former President Jacob Zuma.

Upon determination, the JSC referred the case to the National Assembly, which, upon such determination, had the power to decide on Hlophe’s charges.

Hlophe appealed to the High Court in Johannesburg to review the case and set aside the JSC’s decision finding him guilty of gross misconduct.

In his argument, Hlophe said that the JSC, as stated in this em procedure had irregularly involved several people who, for various reasons, should not have participated.

He also argued that the decision was marred by several significant irregularities, including that the wrong test for gross misconduct was applied.

Hlophe had asked the court to refer the matter of whether he had committed gross misconduct to the National Assembly to decide the issue. The entire Chamber of the High Court dismissed that motion.

In its written judgment on Thursday, the court found that the evidence Hlophe had presented to halt his impeachment was unfounded, irrational and were unreasonable.

The court found that the JSC did not exceed its authority. She said that no reasons were given to justify a review of the decision, and that the application should be dismissed.

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