Speaker Mapisa-Nqakula refers the JSC letter to the Justice Committee
2 September 2021
The Speaker of the National Assembly, Ms Nosiviwe Mapisa-Nqakula, has referred the letter of the Judicial Service Commission's (JSC) on the matter involving Western Cape Judge President John Hlophe to the Portfolio Committee on Justice for consideration of procedural aspects. Speaker Mapisa-Nqakula announced this at the weekly National Assembly Programming Committee (NAPC) meeting this morning.
The letter signed by the Acting Deputy Chief Justice (ADCJ) and Acting Chairperson of the JSC, Justice Sisi Khampepe, was received last week, confirming the JSC's decision to uphold the guilty finding of the Judicial Conduct Tribunal (JCT) appointed to investigate allegations made by Justices of Constitutional Court, that Judge President Hlophe improperly attempted to influence Constitutional Court’s impending judgement in the Zuma/Thint matters during discussions with Constitutional Court Judges, Justices Nkabinde and Jafta.
The letter from the JSC stated that 11 Justices of the Constitutional Court complained with the Judicial Service Commission (JCS) against Judge President Hlophe on 30 May 2008. This process was delayed by various litigation. The JSC's letter says, as the penultimate decider, the JSC proposes that the National Assembly (NA) undertake impeachment proceedings against Judge President Hlophe in line with section 177 of the Constitution on the handling of gross misconduct by Judges.
Speaker Mapisa-Nqakula said: "The letter received from the JSC was written in terms of section 177 of the Constitution that requires a two-thirds majority vote for the removal of a judge. The Justice Portfolio Committee must consider procedural aspects and submit its recommendations to the House for consideration and decision".
"Members of Parliament from smaller political parties, not represented in the Justice Portfolio Committee are welcome to participate and engage in the committee proceedings as the NA Rules allow, however, they will be unable to vote", she added.
The Committee will receive all documentation from the JSC, inclusive of the majority and minority judgements, for ease of reporting back to the House once work is completed.
The Speaker further reported that she wrote to the leader of government business on the matter of pre-94 legislation and legislation passed by Parliament that require the President's assent within a reasonable time.
Issued by Moloto Mothapo, Media Officer, Parliament, 2 September 2021
