President Cyril Ramaphosa has suspended the Judge President of the Western Cape, John Hlophe, pending a decision to remove him as a sitting judge for serious misconduct.
According to a statement released by the presidency on Wednesday afternoon, Ramaphosa has suspended Hlophe on the advice of the Judicial Services Commission and in terms of section 177(3) of the constitution.
This comes after the Judicial Conduct Tribunal found Hlophe “breached the provisions of Section 165 of the Constitution by improperly attempting to influence two Justices of the Constitutional Court to violate their oaths of office”.
The letter sent to Hlophe by Correctional Services Minister Ronald Lamola, states that Deputy Judge President (DJP) Patricia Goliath will act during his suspension.
Ramaphosa decided the move, which he announced was effective immediately, on condition that Hlophe completes all part-heard matters and reserved judgements.
The suspension comes on the advice of the JSC, whose report Ramaphosa received on 27 July.
“Due to the long history and complexity of the matter, President Ramaphosa took time to carefully consider all the permutations of the JSC recommendations, including obtaining guidance from an independent legal opinion. The president fully appreciated the need to balance Judge President Hlophe’s rights with those of the public and the interest of the judiciary as a whole,” the Presidency said in a statement.
“The Judicial Conduct Tribunal concluded in July that Judge President Hlophe’s conduct breached the provisions of section 165 of the Constitution by improperly attempting to influence the two Justices of the Constitutional Court to violate their oaths of office.
“The JCT established that Hlophe’s behaviour seriously threatened and interfered with the independence, impartiality, dignity, and effectiveness of the Constitutional Court and further undermined public confidence in the judicial system. The JSC has referred the matter to parliament for the National Assembly to institute impeachment proceedings against Judge President John Hlophe,” the presidency statement reads.
In May 2008, 11 Justices of the Constitutional Court lodged a complaint with the JSC against Hlophe for his improper attempt to influence the outcome of certain cases pending before the Constitutional Court in favour of former President Jacob Zuma.
Source: IOL, News24, Daily Maverick, Eyewitness News, The Citizen, image from Twitter: @MightiJamie