Hlophe could escape impeachment, despite JSC's gross misconduct finding

Western Cape Judge President John Hlophe during a meeting with Chief Justice Mogoeng Mogoeng and other senior members of the judiciary on August 27, 2015 at the Union Buildings in Pretoria, South Africa. The meeting which was requested by the Chief Justice, was to clear the air between the judiciary and executive after politicians and cabinet ministers criticised the judiciary.

The JSC on Wednesday announced it had taken a decision to uphold the Judicial Conduct Tribunal’s April findings of gross misconduct against Hlophe. The penultimate step in the impeachment process, this now leaves Hlophe’s fate to be finally determined by a Parliamentary vote. And the commission said core to the principle of judicial independence was “no outsider – be it government, a pressure group, individual or even another judge – should interfere or attempt to interfere with the way in which a judge conducts his or her case and makes his decision,”

In terms of the Constitution, gross misconduct is one of three categories of complaints which, if established, can get a judge kicked off the bench. But it’s a complex and lengthy process and a two-thirds majority vote in Parliament is still required to seal the deal and impeach Hlophe.In 2019, the JCT found convicted drunk driver retired Judge Nkola Motata guilty of gross misconduct but the JSC ended up overruling it.

Hoffman suspects before it could go to a vote, Hlophe would try and get the JSC’s decision overturned in the courts. This could see the protracted saga drag on for several years still to come.

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