ByWestern Cape judge president John Hlophe's bid to prevent Freedom Under Law joining litigation on his impeachment has failed. File photo.Freedom Under Law’s investment in litigation on the possible impeachment of Western Cape judge president John Hlophe is “palpable”, the Johannesburg high court said on Monday when it ordered that the organisation may join Hlophe’s court case to prevent his impeachment.
Hlophe has approached the high court to set aside a meeting of the Judicial Service Commission that found him guilty of gross misconduct. The finding related to a 2008 complaint by all the then justices of the Constitutional Court that he sought to influence the outcome of judgments then pending before the apex court relating to corruption charges against former president Jacob Zuma.
He also wants the court to set aside the finding of the Judicial Conduct Tribunal, upon which the JSC based its decision. When FUL sought to join the litigation – to support the JSC – Hlophe opposed it, saying FUL had not made out a case that it had a direct and substantial interest in the matter or that it was acting in the public interest as required to join as a party to the litigation.
But a full bench of the Johannesburg high court on Monday found that FUL’s reputation as a champion of the rule of law and constitutional democracy had been repeatedly recognised by the courts.
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