Cape Town — The National Assembly (NA) is set to consider the impeachment of suspended Western Cape High court judge, John Hlophe, with Parliament confirming it was correct in proceeding with the matter.
Hlophe had lodged an urgent application for an interdict against a vote for his removal from judicial office, as he approached the Constitutional Court on the matter. He argued that Parliament failed to adopt rules for the impeachment of a judicial officer, and it’s failures do so resulted in a flawed constitutional process, IOL reported.
IN response, Parliament hit back and filed an affidavit at Hlophe’s application, saying the current laws allow it to proceed with the matter involving the removal of the judges, viewing Hlophe’s application as tantamount to ignoring the separation of powers.
Parliament counters Judge Hlophe’s urgent High Court application to pause his impeachment, affirming legal adherence and readiness for Wednesday’s vote. #SouthAfrica #JudicialImpeachment #Parliament #JudgeHlophe #RuleOfLaw https://t.co/G2XwIre8x8
— Satori News (@NewsSatori) February 19, 2024
“Parliament believes that its decision to go ahead with considering the portfolio committee on justice and correctional services’ recommendations to remove Judge John Hlophe … is correct, as established general rules and practices of the National Assembly sufficiently allow for such consideration in giving expression to its section 177(1)(b) constitutional mandate,” they said.
Hlophe is not the only judge to face the music at the National Assembly’s hearing. Retired judge, Nkola Motata is facing impeachment for a drunk driving case in 2007. Hlophe’simpeachment is for influencing two retired Constitutional Court judges in 2008 in the matter involving former President Jacob Zuma and French arms manufacturer Thales, according to SABC News.
The NA will conduct the hearing on Wednesday, following Finance Minister, Enoch Godongwana’s Budget Speech.
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Compiled by Matthew Petersen