The Presidency announced the suspension of Western Cape Judge President Hlophe with immediate effect on Thursday, 14 December. President Cyril Ramaphosa based his decision on the advice of the Judicial Services Commission (JSC).
Ramaphosa received the JSC report in July 2022. Since then, he has been carefully considering the matter, according to the Presidency.
“The Judicial Conduct Tribunal (“JCT”) concluded that Judge President Hlophe’s conduct breached the provisions of section 165 of the Constitution by improperly attempting to influence the two Justices of the Constitutional Court to violate their oaths of office,” read a statement.
The JCT found that Hlophe’s behaviour seriously threatened and interfered with the independence and effectiveness of the Constitutional Court and undermined public trust in the judicial system.
“In May 2008, 11 Justices of the Constitutional Court lodged a complaint with the 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.”
While the suspension is immediate pending an impeachment decision by the National Assembly, Hlophe will be allowed to complete all part-heard matters and reserved judgements to ensure continuity and stability in the work of the Western Cape High Court.
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