Gross misconduct, Judge President John Hlophe, Wester Cape High Court
After a period of thirteen years since the then judges of the Constitutional Court directed a complaint to the Judicial Service Commission (JSC) alleging that Western Cape Judge President John Hlophe attempted to interfere with and influence their consideration of cases involving then Deputy President Jacob Zuma, the JSC finally held in August 2021 that Judge Hlophe is guilty of gross misconduct. The process has now been referred to the National Assembly for it to begin the process of impeachment.
FUL has intervened at various stages in this process – in 2012 successfully obtaining a Court order to review and set aside an earlier decision on the part of the JSC not to proceed with the complaint against Judge Hlophe. Now that the JSC has finally determined that he is guilty of gross misconduct, Judge Hlophe is seeking to have that decision set aside and for the National Assembly to be interdicted from proceeding with the impeachment process.
FUL successfully applied to be joined as a party in the application brought by Judge Hlophe and will oppose his application. The review application is scheduled for hearing in mid-February 2022.
