President Ramaphosa suspends Judge President Hlophe of the Western Cape department of the High Court

President Cyril Ramaphosa has at the recommendation of the Judicial Services Commission (“JSC”) and in phrases of segment 177(3) of the Constitution, made up our minds to droop Judge President Mandlakayise John Hlophe from his tasks pending a call of the National Assembly as pondered in segment 177 of the Constitution.

In order to verify continuity and balance within the paintings of the divisional top courtroom, the suspension which is in impact right away, is given that Judge President Hlophe completes all part-heard issues and reserved judgments.

President Ramaphosa won the JSC document at the twenty seventh of July 2022. Due to the lengthy historical past and complexity of the topic, President Ramaphosa took time to rigorously imagine all of the variations of the JSC suggestions, together with acquiring steerage from an impartial criminal opinion.

The President absolutely preferred the wish to steadiness Judge President Hlophe’s rights with the ones of the general public and the hobby of the judiciary as an entire.

Section 177 (3) of the Constitution supplies that the President, at the recommendation of the JSC, might droop a pass judgement on who’s the topic of a process in phrases of subsection (1) that offers with the elimination of a pass judgement on who is located to blame of gross misconduct.

The Judicial Conduct Tribunal (“JCT”) concluded that Judge President Hlophe’s behavior breached the provisions of segment 165 of the Constitution by means of improperly making an attempt to steer the 2 Justices of the Constitutional Court to violate their oaths of place of work. The JCT established that Judge Hlophe’s conduct severely threatened and interfered with the independence, impartiality, dignity and effectiveness of the Constitutional Court and extra undermined public self assurance within the judicial gadget. The JSC has referred the topic to parliament for the National Assembly to institute impeachment complaints in opposition to Judge President Hlophe.

In May 2008, 11 Justices of the Constitutional Court lodged a criticism with the JSC in opposition to Judge President Hlophe for his flawed try to affect the result of positive instances pending sooner than the Constitutional Court in favour of former President Jacob Zuma.

Author: Govt of SA

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