Africa-Press – South-Africa. Western Cape Judge President John Hlophe says the Judicial Service Commission (JSC) gave President Cyril Ramaphosa “unlawful advice” when it recommended his suspension.
He wants that decision set aside and is fighting to have gross misconduct findings, which paved the way for an impeachment vote in the National Assembly, overturned.
Hlophe filed a review application in the Gauteng High Court in Johannesburg on Thursday.
After a virtual meeting last month, the JSC voted in favour of a recommendation to Ramaphosa to suspend Hlophe under the provisions of Section 177(3) of the Constitution.
However, it’s Hlophe’s argument that a judicial process is under way in the Supreme Court of Appeal (SCA) to “determine the unlawfulness of the JSC findings which are the basis on which the suspension power must be exercised”.
“In any event, the advice of the JSC to the president that I should be suspended from judicial office on account of its findings of misconduct that are subject matter of an appeal to the SCA is unreasonable and irrational. The advisory power of the JSC must be exercised in a manner that is reasonable and rational,” Hlophe argues. “The JSC has given the president unlawful advice to suspend me from office, pending the outcome of my appeal in the SCA and in violation of Section 165 of the Constitution.”
He added:
Several weeks ago, Hlophe was granted the right to appeal a High Court ruling that endorsed the legality of the JSC investigation and vote, News24 previously reported.
While finding that Hlophe’s leave to appeal application lacked merit, a full Bench of the Gauteng High Court in Johannesburg nonetheless granted it on the basis that it “raised matters of significant public importance”.
Hlophe argues in his review application that pending the outcome of his appeal against the orders and judgment of the High Court to the SCA, it is “unlawful for the JSC to have acted in terms of Section 177 (3) of the Constitution at this juncture, given the 14-year history of this matter”.
“Accordingly, the advice of the JSC to the president that I should be suspended from judicial office is not competent in light of the pending appeal proceedings in the SCA, particularly because the JSC did not deem such advice necessary since the decision of the tribunal in April 2021 until June 2022.”
Hlophe previously launched an urgent application to block his possible suspension by Ramaphosa, pending his later unsuccessful challenge to the JSC process that resulted in him being found guilty of alleged gross misconduct for attempting to sway two Constitutional Court justices to rule in favour of then-ANC president Jacob Zuma in 2008, News24 previously reported.
For More News And Analysis About South-Africa Follow Africa-Press
