Suspended Judge Hlophe argues Parliament has treated him in an undignified manner
Suspended Western Cape High Court Judge President John Hlophe says Parliament has treated him in an undignified manner.
His legal team said Parliament is acting with “obscene haste” to vote on his impeachment without giving him the right to defend himself against a misconduct finding by the Judicial Service Commission (JSC).
The country’s longest-serving High Court Judge President is before his own court on Tuesday, in an attempt to urgently stop the National Assembly (NA) from voting on Wednesday until the Constitutional Court has considered his application of procedural unfairness.
Hlophe was accused in 2008 of improperly trying to influence a Constitutional Court case involving former statesman Jacob Zuma.
His legal team said Parliament’s justice committee has taken a series of irrational decisions that have led to it recommending to the NA that he be removed from the bench on Wednesday.
Advocate Thembelihle Sidaki said Parliament is reducing the decision on whether to impeach Hlophe to a purely political one.
He has further told the court the process Parliament has adopted in this matter is unfair and prejudicial – and Hlophe has been denied the right to be heard.
Sidaki said the NA can’t just be rubberstamped to a decision by the JSC that has found Hlophe guilty of gross misconduct.
He said the justice committee’s powers are dubious and it has not independently applied its mind to the evidence in the case.
Hlophe’s application for an urgent interdict is being heard by Gauteng High Court Judge Sulet Potterill.
-EWN
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