Hlophe heads to court to stop Ramaphosa's axe from falling and halt parliament's impeachment process

Hlophe will also ask the Johannesburg high court — in Part B of his application - to declare that the August 25 meeting at which his guilt was decided was unlawful because the JSC was not properly constituted. This was, he argues, because neither the chief justice nor deputy chief justice were there, as required by the constitution.

Also, Hlophe said, neither the president nor deputy president of the Supreme Court of Appeal was there and an attorney, supposed to represent the attorneys profession in terms of the constitution, was also absent. He said these people “suffer from various degrees of conflict, or are people against whom I have a reasonable apprehension of bias”. The judges mentioned were all part of panels that made decisions in some of the many court cases over the 2008 complaint, he said.

“The tradition has always been to have the most senior judge president represent the heads of court ... I was the most senior judge president who succeeded judge president Ngoepe. My removal from the JSC was masterminded and instigated by judge president Mlambo and other judges,” he said.

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