FW de Klerk Foundation Welcomes the Suspension of Judge President John Hlophe
16 December 2022
The FW de Klerk Foundation welcomes the decision by President Cyril Ramaphosa to suspend Western Cape Judge President John Hlophe with immediate effect due to gross misconduct and his breach of section 165 of the Constitution.
In May 2008, 11 justices of the Constitutional Court lodged a complaint with the Judicial Service Commission (JSC) against Judge President Hlophe for his improper attempt to influence the outcome of certain cases pending before the Constitutional Court in favour of former President Jacob Zuma.
On 25 August 2021, the Judicial Service Commission found that Judge Hlophe was guilty of gross misconduct arising from a number of charges. According to the statement by the Presidency, "The Judicial Conduct Tribunal established that Judge 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 Hlophe."
Despite the JSC's finding, Judge Hlophe was permitted to continue with his important duties as Judge President of the Western Cape pending the outcome of his legal challenge against the JSC's finding. On 5 May 2022, a full bench of the Gauteng High Court dismissed his application. Yet, despite the judgement, Judge Hlophe continued for the following five months to act as Judge President until President Ramaphosa's decision last week to suspend him.