Judge Hlophe fails last-ditch attempt to avoid impeachment

Suspended Western Cape Judge President John Hlophe has failed in his last-ditch bid to avoid Wednesday’s parliamentary vote on his impeachment, with his application struck from the roll.

The ruling was handed down on Wednesday morning in the Western Cape High Court, where he had applied to secure an urgent interdict to stop the vote, reported Eyewitness News.

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HLOPHE WANTED COURT TO INTERDICT VOTE PROCESS TO IMPEACH HIM

Hlophe had asked the court to interdict the vote pending the outcome of an application to the Constitutional Court, in which he seeks to set aside the justice portfolio committee’s decision to recommend impeachment and to direct parliament to adopt impeachment rules for judges. 

Judiciary watchdog Judges Matter has described as “significant” and “historic” Wednesday’s parliamentary vote on Western Cape Judge President John Hlophe and Gauteng High Court Judge Nkola Motata’s impeachment.

JSC FINDS BOTH JUDGES GUILTY OF GROSS MISCONDUCT

The Judicial Service Commission (JSC) has found both judges guilty of gross misconduct – Hlophe for improperly attempting to influence two Constitutional Court justices, and Motata for offensive remarks he made at an accident scene and advancing a defence he knew was untrue at his ensuing trial.

FIRST JUDGE TO BE IMPEACHED IN DEMOCRATIC SA

The disgraced Hlophhle has become the 1st judge to be impeached in democratic South Africa.

“It’s significant because it will be the first time that Parliament votes on the impeachment of two judges, and it’s historic because both judges have previously been found guilty of gross judicial misconduct by the JSC, and it’s now Parliament that has to vote on whether or not they should remain in office,” said Mbekezeli Benjamin of Judges Matter.

THE TWO WILL LOSE THEIR SALARIES AND STATUS AS JUDGES

Benjamin said the two judges would lose their salaries, which they would otherwise be entitled to for life, and all the accompanying benefits, including housing and medical aid benefits.

“They’ll also lose the title and status of a judge and may no longer be referred to as judges,” he said.