Judge Hlophe’s case is legally misconceived, says JSC

Lawyers representing the Judicial Services Commission (JSC) on Tuesday argued that Western Cape Judge President John Hlophe’s case is legally misconceived, divorced from facts, and produces absurd consequences.
Hlophe is challenging the JSC’s recommendation that he undergo impeachment processes in Parliament after he was found guilty of gross misconduct.
Advocate Tembeka Ngcukaitobi said the JSC arrived at the decision following a learned and thorough exposition of the facts and law by the tribunal.
Hlophe also challenged the composition of the JSC sitting that decided his fate, saying some judges’ presence was unconstitutional.
However, Ngcukaitobi disputed this too, stating that it was properly composed.
“Judge Hlophe does not have a valid defence of gross misconduct against him. Let’s be frank about that, he doesn’t have a valid defence to the charge of gross misconduct against him.”
The issue that gave rise to the JSC action against Hlophe dates back to 2008 when he was accused of improperly trying to influence the decision of two Constitutional Court justices to favour former President Jacob Zuma in the arms deal case.
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