The Judicial Service Commission announced on Monday that it would recommend to President Cyril Ramaphosa that Western Cape Judge President John Hlophe be suspended.
of the tribunal, the commission, through its former secretary Sello Chiloane, stated that it would not be recommending that Hlophe be suspended until his court challenge had been finalised.
“This must be understood to include appeal. There is neither urgency nor immediate harm faced by Judge President Hlophe. The fact of the matter is that section 117 allows the President to suspend a judge only on the advice of the JSC,” said Chiloane. During the tribunal hearing in December 2020 the chair, Judge Joop Labuschagne, stripped away Hlophe’s defence, stating: “Throughout the 12-year period, the complaint has simply been that he [Hlophe] had sought to improperly influence the outcome of the Zuma-Thint application pending in the Constitutional Court. Justice [Bess] Nkabinde and Justice [Chris] Jafta never changed their version of their encounters with Judge President Hlophe.
Namely, that: “A judge who has been found guilty by the [Judicial Conduct] Tribunal of committing serious breaches of the Constitution, including interfering with the functioning of the courts in flagrant contradiction of section 165 [of the Constitution], is untouchable.”
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