Court ruling was 'invalid'

The Cape high court yesterday found last year's proceedings of the Judicial Service Commission , when it dismissed a complaint of gross misconduct against Western Cape Judge President John Hlophe, were "unconstitutional and invalid".

The Cape high court yesterday found last year's proceedings of the Judicial Service Commission , when it dismissed a complaint of gross misconduct against Western Cape Judge President John Hlophe, were "unconstitutional and invalid".

Judges Jos Jones and Chamin Ebrahim also ordered the JSC to pay the costs of an application brought by Western Cape Premier Helen Zille, who mounted a legal challenge against the its decision.

Zille had questioned the constitutional validity of the Hlophe decision, saying that she should, as premier, have been invited to be part of the commission when it met to consider the complaint against him.

She also argued that the JSC was improperly constituted because it did not have the required 15 members in attendance during the proceedings and decision-making process .

Zille has welcomed the court's finding. - Sapa

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