Africa-Press – South-Africa. Parliament’s justice portfolio committee will forge ahead with the process to impeach suspended Western Cape judge president John Hlophe and retired Gauteng judge Nkola Motata.
This is despite Hlophe’s assertion in a 183-page letter that the committee was jumping the gun as there were still matters pending in court. He also suggested that parliament should conduct an inquiry into the “serious issues” he raised concerning public statements made to unduly influence the working of the Judicial Services Commission [JSC] and frustrate the administration of justice.MPs said there was no need to delay the matter any further, with parliament’s legal adviser, Dr Barbara Loots, saying the appeal process Hlophe is pursuing has no impact on the committee’s work.
“That process does not impact on what the committee is doing because there is no interdict. The committee is not concerned with that process, it is concerned with a JSC finding and absent a party going to court interdicting this committee, the committee is under a constitutional obligation to act in terms of section 177,” said Loots.
MPs agreed with the DA’s Glynnis Breytenbach expressing concern about further delays in the matter.
“I understand that parliament has not delayed unduly. But we need to get this done. Both of these judges have had plenty of time to set out extenuating circumstances ad nauseam,” she said.
ANC MP Richard Dyantyi urged committee chair Bulelani Magwanishe to respond to Hlophe, indicating that the committee would proceed according to its set timelines.
The committee had earlier received a presentation from Loots outlining all the steps that the Hlophe matter had gone through since 2008.
She emphasised the May 2022 Johannesburg high court judgment by Judge Roland Sutherland which analysed all of Hlophe’s complaints and ruled that none of them was valid and dismissed them.
That judgment also explained the role of parliament, saying there was no provision in the constitution for the National Assembly to hold a “rehearing” of the complaint.
MPs said the issues raised by Hlophe in his letter had already been addressed by the Sutherland judgment. On that basis, the parliamentary process would continue to consider the JSC finding against him.
“I want to say upfront that the presentation based on the Sutherland judgment answers many of the issues raised in the letter,” said Dyantyi.
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