Parliament set to revive Judge Hlophe’s impeachment proceedings

PARLIAMENT is set to revive the impeachment proceedings against Western Cape High Court division president Judge John Hlophe after his appeal against the gross misconduct findings against him lapsed.

This emerged on Thursday when the National Assembly programme committee was briefed about the status of the impeachment proceedings since Speaker Nosiviwe Mapisa-Nqakula two years ago received a letter from then acting chairperson of the Judicial Service Committee (JSC), Justice Sisi Khampepe, confirming the commission’s decision to uphold the guilty finding of the Judicial Conduct Tribunal (JCT) against Hlophe.

Briefing the committee, National Assembly Secretary Masibulele Xaso said the administration checked with legal services whether there was any impediment within Parliament.

“The legal service advised that there is no such impediment at the moment and the matter could be dealt with,” Xaso said. He also said the matter was served before the justice and correctional service portfolio committee in 2021.

“There were still appeals under way at the time. The committee was of view this matter be held in abeyance. It means this committee should activate the process should it deem appropriate,” Xaso said.

DA Chief Whip Siviwe Gwarube said it was now incumbent on Parliament to revive the matter so that a report could be served before the House considering a significant amount of time had passed since 2021 and none of those appeals had materialised.

“It is important that we take a decision to revive the matter so that we can see to its conclusion,” Gwarube said.

UDM Chief Whip Nqabayomzi Kwankwa agreed.

“I think before the end of the term we need to be seized with his matter and do whatever is required so that we don’t leave this matter for the next Parliament as a legacy. We have a responsibility to act on it and act on it as soon as possible,” Kwankwa said.

It was recently reported that Hlophe’s appeal against the gross misconduct findings made against him has lapsed and that he was unable to afford the printing costs to produce a full record of the decade-long proceedings.

In August 2021, Mapisa-Nqakula received a letter from Khampepe, confirming the commission’s decision to uphold the guilty finding of the Judicial Conduct Tribunal.

Khampepe had informed Mapisa-Nqakula about the investigations and conclusions of the JSC on allegations made by Constitutional Court justices that Hlophe had improperly attempted to influence the apex court’s impending judgement in the Zuma-Thint matter.

Eleven justices filed a complaint with the JSC against Hlophe in May 2008.

The JCT found that Hlophe's conduct breached the Constitution when he improperly attempted to influence two justices of the Constitutional Court to violate their oaths of office, among other things.

Mapisa-Nqakula subsequently referred the JSC letter to the portfolio committee on justice and correctional services for consideration.

The committee did not go ahead with processing the matter after Hlophe lodged an application before the Western Cape High Court seeking to stop his suspension and possible impeachment.

After abandoning the application in that court, he lodged an urgent review application in the Gauteng High Court citing the JSC, President Cyril Ramaphosa, Justice and Correctional Services Minister Ronald Lamola and Mapisa-Nqakula as respondents.

He sought an order to stay the proceedings of the National Assembly for his removal from office, which will require a two-thirds majority vote.

His bid to have his colleagues in the Gauteng division not hear the review application for the Judicial Services Commission (JSC) decision was subsequently dismissed.

Cape Times